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U.S.  DEPARTMENT  OF  AGRICULTURE. 
division  of  chemistky. 

BULLETIN  No.  82. 


SPECIAL  REPORT 

ON  THE 

EXTENT  AND  CHARACTER 

OF 

FOOD  ADULTERATIONS. 


INCLTOIXG 


STATE  AND  OTHER  LAWS  RELATING  TO  FOODS 
AND  BEVERAGES. 


BY 


ALEX.  J.  WEDDERBURN, 

SPECIAL  AGEKT. 


•  PUBLISHED  BY  AUTHOEITY  OP^iHE  SECRETARY  OF  AGRICULTURE. 


GOVERNAIENT  PRINTTNa 
1892, 


OFFICE, 


LETTER  OF  TRANSMITTAL. 


JJ.  S.  Department  of  AaRicuLTURE 

Division  of  Chemistry, 

Becemher  9,  1891. 

Sir  :  I  have  the  honor  to  transmit  for  your  approval  the  manuscrii)t 
of  Chemical  Bulletin  No.  32,  being  a  popular  report,  by  Mr.  A.  J.  Wed- 
(lerburn,  on  the  adulteration  of  foods  and  drugs. 

This  report  is  a  continuation  of  the  work  published  in  Bulletin  Ko. 
25  of  the  Division  of  Chemistry,  and  is  designed  to  place  in  more  pop- 
ular form  than  the  strictly  scientific  bulletins  of  the  Division  the  in- 
formation which  we  have  collected  in  respect  to  the  extent  and  charac- 
ter of  food  adulteration. 
Eespectfully, 

H.  W.  Wiley, 

Chemist, 

Hon.  J.  M.  EuSK, 

Secretary, 

3 


LETTER  OF  SUBMITTAL. 


Alexandria,  Ya.,  October  20,  1891. 
Sir  :  I  have  the  honor  to  submit  herewith  a  special  report  upon  the 
character  and  extent  of  food  adulterations  in  the  United  States,  pre- 
pared in  compliance  with  the  terms  of  my  commission  received  from  the 
Secretary  of  Agriculture  March  4,  1891.  Having  been  directed  to  pre- 
pare a  report  similar  in  character  and  scope  to  Bulletin  No.  25  of  the. 
Division  of  Chemistry,  1  have  carefully  collated  such  new  information 
upon  the  subject  of  food  adulteration  as  is  obtainable,  and  from  the 
mass  of  valuable  matter  thus  acquired  have  selected  that  which  seems 
to  be  most  important.  In  performing  this  work  the  effort  has  been  made 
not  to  encroach  upou  the  scientific  phases  of  the  subject,  which  are 
now  receiving  the  attention  of  the  division  under  your  charge,  and 
have  already  afforded  such  satisfactory  results. 
Yery  respectfully, 

Alex.  J.  Wedderburn, 

Siyecial  Agent. 

Dr.  H.  W.  Wiley, 

Chemist  of  the  U.  S.  Department  of  Agriculture. 


5 


TABLE  OF  CONTENTS. 


PAGE. 

Extent  and  character  of  food  adulterations   9 

The  extent  of  adulterations   9 

The  character  of  adulterations  ^  ^  =   10 

Cost  of  adulteration   11 

Lack  of  definition   12 

Is  adulteration  universal  ?                                                                       a  12 

The  necessity  for  inspection   13 

Appropriations    14 

The  necessity  for  legislation   15 

Opinions  regarding  the  need  of  national  legislation  relative  to  food  adultera- 
tions   16 

OiJinions  from  State  officials   16-19 

Eesolutions  of  the  National  Association  of  Food  and  Dairy  Commissioners .  19 

Adulterants  of  foods,  beverages,  and  drugs   46 

Common  adulterants  of  foods  and  beverages   46 

Adulterants  of  drugs   72 

Poisons  in  manufactured  articles   85 

State  and  other  laws  relating  to  foods  and  beverages   87 

Circulars  of  inquiry   173 

Names  of  State  commissioners   174 


7 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


By  Alex.  J.  Wedderburn. 


THE  EXTENT  OF  ADULTERATIONS. 

The  ioqiiiry  into  tbe  extent  of  the  adulteration  of  food,  drugs,  and 
liquors,  provided  for  by  act  of  Congress,  demands  a  report  on  tbe  ac- 
tual condition  existing  as  to  tbe  adulteration  of  all  articles  taken  into 
tbe  bum  an  stomacb,  and  tbat  such  report  be  sufficiently  terse  to  be 
generally  useful  and  at  tbe  same  time  so  free  from  scientific  statements 
and  pbrases  as  to  make  it  available  to  tbe  average  reader,  Tbe  object 
of  Congress  in  making  tbe  appropriation  in  question  was  evidently  to 
secure  facts  upon  a  subject  of  great  importance,  and  one  wbicb  is  now 
agitating  tbe  public  mind  to  an  extent  never  before  reacbed  except 
upon  a  political  question.  Keeping  tbis  object  in  view,  tbe  attempt  is 
made  in  tbis  report  to  follow  tbe  cbaracter  and  scope  of  Bulletin  l^o,  25. 
Tbe  correspondence  bad  witb  leading  men  of  all  professions,  especially 
witb  tbose  engaged  in  investigating  food  adulteration  and  in  manufac- 
turing food  products  of  various  kinds,  is  tborougbly  convincing  as  to  tbe 
very  general  extent  of  tbe  sopbistication  of  tbe  food,  drug,  and  liquor 
supply. 

No  one  can  follow  tbe  varied  and  valuable  reports  made  by  tbe  vari- 
ous State  officers,  in  tbose  States  where  laws  exist  (and  a  sufficient  ap- 
propriation is  made  to  execute  them),  without  being  convinced  of  tbe 
value  to  the  State  of  such  legislation.  In  previous  bulletins  issued  by 
the  Department,  various  laws  upon  tbis  subject  have  been  published, 
and  herewith  will  be  found  some  new  laws  recently  enacted  by  other 
States,  and  wbicb  seem,  in  some  respects,  to  cover  tbe  ground  better 
than  older  laws.  There  will  also  be  found  numerous  extracts  from  re- 
ports, letters,  and  other  documents  supplied  by  correspondents  who 
have  kindly  assisted  in  the  effort  to  procure  facts  worthy  of  considera- 
tion. These  extracts  have  been  classihed  and  arranged  under  various 
headings,  and  will  be  found  under  their  classifications  in  as  sbort  space 
as  it  is  possible  to  present  them.  There  is  no  mention  herein  of  a  sub- 
ject that  occupied  considerable  space  in  Bulletin  No.  25,  viz,  the  dis- 
eases of  animals  used  for  food,  Congress  having  by  legislative  enact- 
ment eliminated  the  subject  from  discussion,  at  least  for  tbe  present. 

9 


10        EXTENT  A^D  CHAKACTER  OF  FOOD  ADULTERATIONS. 

Only  one  question  of  importance  connected  witli  the  cattle  industry  and 
tlie  food  supply  remains  to  be  considered,  aud  that  is  "milk."  This 
article  of  universal  diet,  and  upon  which  the  future  generations  dei^end 
for  life,  is  shown  conclusively  to  be  extensively  adulterated  both  with 
water  and  by  feeding  the  animal  producing  it  with  unhealthy  food,  and 
using  the  product  of  diseased  cows. 

The  scientific  work  i)erformed  in  the  Division  of  Chemistry  of  this 
Department,  in  its  investigations  into  the  various  food  adulterations, 
shows  conclusively  the  actual  extent  and  character  of  food  adultera- 
tions, and  should  be  carefully  considered  by  all  interested  in  the  sub- 
lect.  That  adulteration  exists  to  a  most  alarming  extent  can  not,  from 
the  evidence  be  doubted;  that  the  character  is  generally  fraudulent 
rather  than  dangerous  seems  to  be  also  pretty  well  established. 

The  extent  to  which  sophistication  has  been  practiced  and  the  utter 
recklessness  and  hard-heartedness  of  the  adulterator  are  shown  by 
numerous  instances  which  have  come  to  my  attention  where  the  food 
for  animals,  horses,  and  cows  especially,  have  been  adulterated,  in  some 
cases  the  products  having  been  heavily  weighted  with  sand  and  plaster. 
Comment  on  such  action  is  needless. 

Wholesome  laws  have  succeeded  in  checking  the  commercial  frauds, 
but  it  is  generally  conceded  by  all  State  officers  engaged  in  the  work 
that  until  national  legislation  supplemeuts  State  laws,  all  such  enact- 
ments will  prove  insufficient  and  unsatisfactory.  The  report  from  Lon- 
don shows  that  the  anti-adulteration  laws  of  Great  Britain  have  almost 
entirely  stopped  the  nefarious  practice.  The  laws  of  New  York,  Xew 
Jersey,  and  Massachusetts,  which  have  been  fairly  well  enforced,  have 
done  much  towards  stopping  the  practice,  or  at  least  compelling  the 
proper  branding  of  the  articles  sold. 

There  is  a  general  demand  for  remedial  national  legislation  on  this 
subject.  jS"o  one,  however,  desires  to  prevent  the  legitimate  manipu- 
lation of  any  article  so  long  as  it  is  branded  properly ;  to  ask  more 
would  be  unjust,  to  ask  less  is  to  condone  a  felony  and  countenance  a 
fraud. 

■% 

THE  CHAEACTER  OF  ADTLTERATIONS. 

Fortunately  the  character  of  the  adulterations  used  is  generally  harm- 
less except  from  a  financial  standpoint.  Were  the  case  otherwise  the 
damage  done  to  the  public  health  would  be  alarmingly  great.  While 
commercial  frauds  are  the  rule  there  are,  as  is  proven,  many  cases 
where  ill  health  and  even  death  follow  the  use  of  articles  poisoned  with 
pigments,  acids,  tin,  rancid  oils,  and  other  injurious  commodities  which 
are  used  to  cheapen  or  add  beauty  to  the  article  sold. 

Polishing,  powdering,  watering,  and  adding  such  haruiless  ingredients 
as  earth,  cracker  dust,  peas,  beans,  starch,  etc.,  are  comparatively  harm- 
less, and  would  pass  for  honesty  and  uprightness  when  compared  to  the 
compositions  above  alluded  to,  and  others,  such  as  plaster  of  Paris, 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  11 

soap  stoDe,  fusil  oil,  red  oclier,  fuller's  earth,  terra  alba,  and  other  in- 
gredieuts  of  like  character;  but  even  these  are  less  harmful  than  the 
adulterations  of  drugs  by  which,  as  is  shown,the  very  element  of  strength 
upon  which  the  physician  relies  to  save  life  is  often  extracted,  left  out, 
or  diluted  until  it  becomes  a  matter  of  grave  doubt  whether  a  prescrip- 
tion really  contains  what  is  ordered  by  the  i^hysician.  When  we  call  in  a 
physician  and  he  prescribes  certain  drugs,  it  is  our  right  to  be  able  to 
purchase  them  and  not  such  spurious  articles  as  dishonest  manufacturers 
and  venders  may  palm  off  at  their  option.  It  is  shown  elsewhere  that 
laudanum,  an  article  generally  used  to  assuage  suffering,  has  been  sold 
at  a  standard  of  0  when  the  morphine  should  have  reached  1.2  to  1.6. 
It  is  also  shown  that  in  the  fifty  samples  reported  to  the  Pennsylvania 
Pharmaceutical  Society  that  there  was  a  variation  from  0  or  even  .03 
to  1.19  J  the  dose  required  in  the  one  case  to  relieve  pain  would  in  the 
other  bring  permanent  and  final  relief. 

The  various  decoctions,  after  being  doctored  with  fusil  oil,  acids,  ether, 
chloroform,  and  other  drugs  usually  sold  for  stimulants  and  beverages, 
are  undoubtedly  the  cause  of  many  diseases  and  result  not  infrequently 
in  death.  That  they  increase  drunkenness  is  an  admitted  fact,  impair- 
ing the  intellect  and  creating  an  unnatural  thirst  which  leads  the  user 
to  greater  excesses  in  his  desire  to  destroy  the  effects  of  the  poisons 
taken  into  the  system. 

While  this  class  of  adulterations  is  certainly  crimiual,  the  commer- 
cial frauds  are  the  most  general,  but  result  in  less  physical  damage, 
except  in  the  case  of  milk  adulteration  ;  by  this  practice  the  nourish- 
ment of  the  babe  is  abstracted,  the  helpless  infant  slowly  starved, 
and,  when  suffering  from  the  pains  of  hunger,  is  made  to  keep  quiet  by 
doses  of  injurious  narcotics.  To  assume  that  such  things  are  done 
through  lack  of  intelligence  is  asking  too  much  of  even  the  most  char- 
itable ;  it  is  simply  done  through  a  desire  to  accumulate  money  by  un- 
lawful and  dishonest  methods  or  to  compete  with  some  rival  who  is 
cheating  his  customers.  Hence  it  is  thought  necessary  by  most  dealers 
to  join  this  army  of  knaves,  self-preservation  being  the  first  law  of  na- 
ture. 

COST  OF  ADULTERATION. 

Ko  reason  exists  for  a  change  of  the  views  expressed  in  Bulletin  No. 
25  as  to  the  cost  to  the  country  of  fraudulent  adulterations ;  and,  while 
those  figures  have  been  attacked  in  certain  quarters,  still  it  is  un- 
doubtedly safe  to  estimate  that  at  least  15  per  cent  of  the  entire  food 
product  is  adulterated  in  one  form  or  another,  the  overwhelming  pro- 
portion of  which  is  sold  under  fraudulent  brands. 

Eecent  State  laws  are  gradually  rectifying  this  evil,  but,  as  long  as 
the  article  is  branded  "pure"  when  it  is  "compounded,"  just  so  long 
is  the  deception  a  fraud  and  the  purchaser  swindled.  The  American 
Grrocer  adheres  to  its  estimate  of  2  per  cent  of  adulterations,  which 


12        EXTENT  ANi)  CHARACTER  OF  FOOD  ADULTERATIONS. 


may  bold  good  iu  ISTew  York,  New  Jersey,  and  Massachusetts,  where 
good  laws  are  tolerably  well  enforced;*  uo  such  figures  will,  however, 
answer  for  the  entire  country.  Fifteen  per  cent,  as  stated  in  Bulletin 
25,  would  be  much  nearer  the  mark,  in  which  case  the  loss  on  food  alone 
would  reach  nearly,  if  not  quite,  $700,000,000  annually.  Whether  this 
be  true  of  food  alone  can  only  be  determined  by  Government  inspection 
and  actual  figures ;  but  certainly  when  the  adulteration  of  drugs  and 
liquors  is  added  the  figures  given  are  largely  below  the  average. 

LACK  OF  DEFINITION. 

To  define  an  adulteration  one  must  first  be  able  to  define  what  the 
pure  article  is.  This,  in  the  absence  of  law  and  of  regular  formulas,  is 
in  many  cases  a  matter  most  dilficult.  For  example,  in  the  case  of  all 
articles  made  from  unestablished  formulas,  such  as  yeast  powders,  beers, 
patent  medicines,  etc.,  there  can  be  no  definition  of  purity ;  in  the  ab- 
sence of  such  definition  the  attempt  to  define  its  adulterants  is  an 
extremely  difficult,  if  not  an  impossible,  undertaking.  But  when  the 
manipulator  in  the  pursuit  of  gain  uses  poisons,  which  upset  digestion, 
impair  the  human  constitution,  and  in  many  cases  cause  death,  the  mat- 
ter becomes  serious,  and  is  too  generally  neglected.  The  use  of  such 
elements  should  be  positively  prohibited  by  law ;  in  the  absence  of  such 
legislation,  the  practice  is  carried  on  with  impunity. 

IS  ADULTERATION  UNIVERSAL? 

The  London  Hospital,  in  discussing  this  subject,  says  : 

Speaking  from  an  experience  of -fifteen  or  twenty  years,  one  medical  man,  at  any 
rate,  is  able  to  say  that  he  has  not  found  his  fellow  men  the  business  class  half  so 
black  as  they  have  been  painted.  Wines,  which  are  so  commonly  ordered  for  sick 
people,  are  seldom  or  never  the  poisons  they  are  said  to  be,  unless  they  are  purchased 
at  poison  prices.  The  poor,  who  can  not  afford  to  pay  for  good  wines  and  spirits, 
should  leave  such  things  entirely  alone,  if  they  can  not  procure  them  from  charitable 
friends.  An  old-fashioned  wine  merchant  admitted  to  the  writer  quite  recently  that 
poisonous  wines  and  spirits  are  undoubtedly  manufactured,  but  then  they  are  manu- 
factured because  there  is  a  demand  for  them  on  the  part  of  people  who  can  not  afford 
to  pay  for  bona  fide  wines  and  spirits.  Those  persons  who  can  pay  for  genuine 
articles  are  just  as  sure  of  getting  them  honest  and  good  as  they  are  of  getting  honest 
and  capable  medical  practice  when  they  can  offer  reasonable  fees  for  it.  Exactly  the 
same  may  be  said  of  teas,  coffees,  cocoas,  beef  juices,  infants'  and  invalids'  foods, 
and  their  makers.  All  these  things  can  be  and  are  obtained  of  the  highest  order  of 
excellence  by  people  who  are  able  and  willing  to  pay  for  them  according  to  their 
market  value. 

The  above  is  doubtless  true  of  America  as  well  as  of  England,  but,  as 
stated  elsewhere,  the  English  laws  have  done  much  to  mitigate  the  evil 
and  protect  the  consumer. 

It  is  a  matter  of  less  interest  to  the  buyer  to  know  that  the  article  he 

''The  quotations  herein  made  do  not  warrant  such  low  figures,  even  for  these 
favored  localities. 


EXTENT  AND  CHAKACTER  OF  FOOD  ADULTERATIONS.  13 


buys  is  compounded  or  mixed  than  to  know  that  it  is  properly  branded. 
Few  people  suppose  that  a  cheap  article  is  as  good  as  an  expensive  one, 
and  many  poor  people,  who  are  compelled  to  pay  small  prices,  get  poor 
goods. 

Good  prices,  however,  are  no  longer  a  guaranty  of  the  excellence  of 
those  most  important  articles  taken  into  the  human  system  to  relieve 
suffering  and  disease.  It  is  plainly  state<l  in  Kew  York  State  official 
reports  that  the  cost  apparently  has  had  little  to  do  with  the  qual- 
ity of  articles,  as  the  poorest  were  often  the  highest  in  price,  while  the 
best  were  often  sold  at  a  low  rate.  All  that  can  be  learned  from  such 
testimony  is  that  the  practice  of  sophistication  is  general  and  some- 
times, fortunately  not  often,  dangerous.  There  can  be  no  question  as 
to  the  right  of  the  buyer  to  get  what  he  pays  for.  To  delay,  therefore, 
the  enactment  of  laws  which  compel  the  proper  branding  of  the  food 
and  drug  supply  is  unjust  to  the  many  who  are  imposed  upon  by  dealers 
selling  inferior  articles  as  good  and  pure  ones. 

The  I^ew  England  Grocer  reports  the  case  of  George  Yalliere,  of  Fall 
Biver,  Mass.,  charged  with  selling  adulterated  maple  sirup,  and  says: 
^'  Here  is  a  case  where  an  innocent  man  may  suffer  for  the  sins  of  an- 
other. Let  dealers  be  absolutely  sure  that  the  goods  they  sell  are 
pure.^' 

Oases  of  this  kind  are  the  ones  which  especially  suggest  the  need  of 
Federal  legislation  to  protect  the  innocent  dealer  as  well  as  his  cus- 
tomer. The  sirup  in  question  came  in  original  packages  from  an 
adjoining  State,  Vermont. 

THE  NECESSITY  FOK  INSPECTION. 

All  correspondents  who  have  touched  upon  the  subject  unite  in  the 
opinion  that  the  demand  for  national  inspection  is  general  and  abso- 
lutely necessary.  Among  the  replies  received  from  New  York  will  be 
found  that  of  Mr.  Thurber,  one  of  the  largest  dealers  in  food  supplies 
in  the  United  States,  and  that  of  Mr.  Barrett,  editor  of  the  i^ew  York 
Grocer,  one  of  the  most  widely  circulated  and  most  popular  journals  in 
the  interest  of  the  food-supply  trade,  joins  in  the  demand, 

Br.  Chancellor,  secretary  of  the  Maryland  State  board  of  health, 
says : 

Proper  inspections,  supported  by  honest  merchants  and  citizens,  can  largely  pro- 
tect the  con^manity  from  the  frauds  and  underselling  of  unprincipled  adulterators 
here  and  everywhere,  and  to  possess  a  reputation  for  honesty  in  this  respect  would 
he  worth  millions  to  the  trade  of  the  city  of  Baltimore. 

The  same  writer  remarks  : 

If  a  mad  dog  and  nitroglycerin,  though  rarely  present,  are  dangerous  agencies, 
^nd  as  such  require  to  he  looked  after,  how  much  more  important  is  it  that  we  should 
take  care  of  and  protect  from  fraudulent  adulteration  the  substances  on  which  our 
existence  depends.  It  can  not  be  doubted  that  a  fast  advancing  public  opinion  will, 
ere  long,  fully  recognize  the  importance  of  health  above  any  squeamish  objections  to 
a  fancied  disregard  of  "  personal  liberty  "  and  property  rights  involved  in  the  control 
of  dangerous  commodities. 


14        EXTENT  AND  CHAEACTER  OF  FOOD  ADULTERATIONS. 

As  an  example  of  the  effect  of  inspection  it  may  be  noticed  in  the 
health  report  for  the  District  of  Columbia  for  1890  that  in  the  month 
of  July,  1889, 648  dozen  eggs  were  condemned.  In  August  the  number 
decreased  to  90  dozen,  and  in  September  it  fell  off  to  one-fourth  dozen, 
and  since  that  date  there  has  been  none  offered  for  sale.  The  same 
thing  is  noticeable  in  nearly  all  of  the  articles  enumerated  in  the  re- 
port. 

The  health  department  for  the  District  of  Columbia  only  four  times 
in  1889  called  on  the  courts,  and  in  each  instance  the  offenders  were 
convicted  and  fined. 

The  saving  estimated  by  Dr.  Abbott  in  Massachusetts  for  1886  was 
5  per  cent  on  $15,000,000,  or  $750,000.  Such  figures  need  no  comment, 
and  as  they  apply  to  all  the  States  the  necessity  for  protective  laws  is 
apparent. 

In  Massachusetts  the  average  expense  of  collecting  and  analyzing  for 
seven  years  ending  in  1889  was  $1.79  per  sample.  The  increased 
purity  of  the  food  and  drug  products  of  the  State  show  the  cost  to  be 
comparatively  infinitesimal,  and  the  benefit  of  the  greatest  importance 
to  the  people  of  the  State. 

The  percentage  of  adulteration  found  in  the  articles  examined  by 
the  Massachusetts  State  board  in  1886  was  36.9,  while  in  1881  it  was 
over  60  per  cent. 


The  following  are  some  of  the  appropriations  by  the  various  States 
for  1890 : 


From  the  foregoing  quotations  it  will  be  clearly  seen  that  wherever 
efficient  laws  have  been  enacted,  backed  by  sufficient  ai)propriations  to 
properly  execute  them,  great  good  has  resulted  in  interfering  with  the 
unlicensed  trade  in  adulterated  goods.  Eeputable  merchants  and  manu- 
facturers unite  in  urging  general  legislation  backed  by  the  State  offi- 
cials, most  of  whom  in  their  reports  complain  of  the  lack  of  national 
laws  and  of  inefficient  laws  or  want  of  laws  in  adjoining  States,  which 
makes  the  enforcement  of  local  laws  much  harder  work,  and  in  certain 
cases  almost  makes  the  law  a  dead  letter. 

Such  laws  as  are  enforced  are  giving  satisfaction  so  general  to  con- 
sumers and  to  honest  dealers  that  we  find  each  year  more  rigid  en- 
forcement of  the  statutes,  and  that  the  field  is  gradually  widening  and 
additional  territory  is  being  covered,  while  in  those  States  which  have 
for  the  longest  period  been  regulating  the  food  supply  we  find  amend- 
ments which  greatly  aid  the  inspectors  in  the  performance  of  their  work, 


APPROPRIATIONS. 


New  York  . . . . 
Massacliusetts 

Iowa  

Ohio  


$85, 000 
95, 000 
*20, 000 
6,214 


*Only  half  used. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  15 

All  that  is  now  lacking  seems  to  be  the  enactment  of  a  Federal  law 
governing  the  interstate-commerce  question,  and  misbranding  (which 
is  the  greatest  evil)  will,  at  no  distant  day,  become  so  rare  that  here, 
as  in  England,  the  fraudulent  dealer  will  have  ceased  to  ply  his  voca- 
tion to  any  injurious  extent. 

THE  NECESSITY  FOR  LEaiSLATION. 

The  necessity  for  legislation  is  proven  by  the  existence  of  the  fraud 
and  the  absolute  impossibility  of  the  States^by  local  inspections  under 
local  laws,  to  enforce  a  compliance  with  their  regulations.  The  secre- 
tary of  the  State  board  of  health  of  Maryland,  Dr.  0.  W.  Ohanceller, 
one  of  the  most  distinguished  sanitarians  in  the  country,  recently  stated 
to  me  that  in  spite  of  the  very  excellent  Maryland  law  (recently  en- 
acted and  published  herewith)  he  was  unable  to  secure  convictions 
under  it,  and  that  in  his  estimation  a  national  law  was  the  only  remedy. 

In  N^ew  York  and  Massachusetts  the  health  officers  and  inspectors 
have  been  more  fortunate  in  their  prosecutions,  and  numerous  convic- 
tions have  brought  the  offenders  under  some  restraint. 

The  original-package  decisions  have  added  greatly  to  the  trouble  of 
enforcing  State  laws,  and  seem  to  demand  of  Congress  some  general 
legislation  that  will  compel  all  products  taken  into  the  human  system 
to  be  proi)erly  branded. 

The  unanimous  opinion  expressed  by  a  large  number  of  prominent 
State  officials  is  that  Congress  should  enact  laws  to  protect  the  peo- 
ple against  fraudulent  branding  of  the  supply  of  food. 

Tiie  very  general  demand  made  by  the  leading  agricultural  and  labor 
organizations  of  the  country  upon  Congress  for  the  passage  of  the  pure- 
food  bill,  which  came  up  for  consideration  during  the  last  session  of  that 
body,  indicate  most  unmistakably  the  feeling  of  the  American  people  on 
the  subject. 

As  a  matter  of  convenience  and  reference  the  accompanying  extracts, 
which  are  culled  from  the  best  sources  of  information  attainable,  are 
divided  under  appropriate  headings. 

A  public  acknowledgment  of  assistance  rendered  is  due  to  the  many 
gentlemen  who  so  kindly  and  promptly  responded  to  the  requests  for 
information.  To  enumerate  their  names  would  be  imyjossible  in  the 
space  at  my  command. 


OPINIONS  REGAEDING  THE  NEED  OF  NATIONAL  LEftlSLATlON  RELATIVE  TO  FOOD 

ADULTERATION. 


Eeplies  to  in((uiries  sent  oat  were  received  from  the  following-  States: 
Alabama,  Galiibrnia,  Connecticut,  Delaware,  Florida,  Idaho,  Iowa, 
Illinois,  Kentnckr,  Louisiana,  Maine,  Maryland,  Massachosetts,  Min- 
nesota, N^evada,  Kew  Hampshire,  ^ew  York,  Ohio,  Oregon,  Pennsyl- 
vania, Khode  Island,  Texas,  Yermont,  Yirginia,  and  West  Yirginia, 
twenty-five  in  all. 

The  opinions  expressed,  as  will  be  observed,  unite  in  the  belief 
that  some  relief  should  be  secured  to  the  people  by  national  and 
State  legislation.  While  the  information  received  from  some  States 
has  shown  an  absence  of  legislation  on  this  subject,  stil!  the  fact  that 
so  many  States  fail  to  provide  proper  laws  to  i^revent  misbranding 
the  food  supply  is  a  matter  of  interest,  especially  when  taken  in 
connection  with  the  earnest  expression  of  competent,  reliable,  and 
efticient  State  officials  who  show  that  their  greatest  difficulties  lie 
in  this  very  fact,  and  in  the  lack  of  Federal  legislation.  It  is  to  be 
regretted  that  no  information  has  been  received  from  (pertain  other 
States,  especially  from  Michigan,  where  good  laws  are  in  force  and 
where  the  officials  are  actively  and  effectively  engaged  in  enforcing 
them. 

OPINIONS  FROM  STATE  OFFICIALS. 

In  order  to  obtain  expressions  of  opinion  from  those  best  qualified  to 
speak  upon  the  subject  of  a  national  anti-adulteration  law,  the  ])roper 
officers  of  the  various  States,  as  far  as  their  addresses  could  be  ob- 
tained, were  written  to  in  regard  to  the  matter.  Their  replies,  which 
are  given  below,  are  worthy  of  i^erusal,  and  seem  to  indicate  unmis- 
takably the  necessity  for  Congressional  action,  not  only  to  aid  honest 
manufacturers  in  carrying  on  a  legitimate  business,  but  also  to  enable 
State  officers  to  enforce  State  laws  : 

Commonwealth  of  Massachuset!S, 
Office  of  State  Board  of  Health, 
13  Beacon  street,  Boston,  December  5.  1S91. 
Dear  Sir  :    -    *    *    A  natioual  law  relative  to  food  adulteration  would  certainly 
be  very  much  to  our  advautage,  since  there  are  very  many  adnlterated  articles  of 
food  which  come  to  us  from  foreign  couutries  without  restriction,  tlie  sale  of  which 
should  he  limited  hy  law. 
Yours,  respectfully. 

S.  W.  Abf.ott, 

S:C7-etarii. 

16 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.    ■  17 


State  of  Minnesota, 
Dairy  and  Food  Department, 

St.  Paul,  December  11,  1891. 

Dear  Sir:  Iu  reply  to  yours  of  a  recent  date,  will  say  that  the  national  Congress 
can  not  extend  too  much  help  to  the  several  States  in  the  matter  of  passing  pure  food 
laws  and  delegate  to  those  States  the  right  to  pass  such  pure  food  laws  as  they  may 
deem  expedient  and.  for  the  good  of  the  people  thereof. 

1  think  agreat  work  can  be  done  in  the  several  States  through  the  State  pure  food  de- 
partments and  with  the  unrestricted  rights  of  State  legislatures  to  pass  purefood.  laws 
for  such  departments  to  carry  out  and  enforce  for  the  prohibition  or  restriction  of  im- 
pure dairy  and  food  products  within  the  State  borders.  Onr  present  interstate- 
commerce  laws  greatly  interfere  with  the  carrying  out  of  many  of  our  pure  food  laws. 
The  interstate-commerce  law  and  the  courts  seem  to  place  impure  foods  on  the  same 
footing  as  pig  iron  or  wool  as  far  as  the  commerce  between  States  go.  An  advanced 
step  has  been  taken  in  the  inspection  of  meats  from  a  national  standpoint,  and  I  can 
not  see  why  national  law  should  in  any  way  hamper  the  people's  wishes  in  the  matter 
of  enforcing  and  passing  pure  food  laws  in  their  own  States. 

A.  K.  FiNSETn, 
Dairy  and  Food  Commissioner. 
Per  J.  A.  Lawrence, 
Assistant  Dairy  and  Food  Commissioner. 


Office  of  New  York  State  Dairy  Commissioner, 

Albany,  December  IG,  1891. 

Dear  Sir:  The  dairy  commissioner  is  not  here  and  may  not  be  for  several  days, 
hence  I  give  you  my  opinion  relative  to  the  question  you  ask,  namely  :  I  believe  that 
a  general  "anti-adulteration"  law  would  be  a  good  thing  for  all  concerned.  I  be- 
lieve it  is  always  a  wise  thing  to  do  the  right  thing,  and  I  believe  it  is  always  the 
right  thing  to  deal  honestly.  I  do  not  see  why  dealers  in  commodities  that  are  sold 
on  the  market  for  consumption  have  any  more  right  to  sell  adulterated  commodities 
than  the  purchaser  of  such  commodities  has  to  pay  for  them  in  counterfeit  coins. 

I  believe  that  if  some  means  could  be  devised  whereby  such  dealing  could  be 
stopped  or  reduced  to  a  minimum  it  would  be  not  only  a  blessing  to  the  people,  but 
I  believe  that  there  are  good  reasons  to  anticipate  that  it  would  have  a  telling  effect 
upon  the  health  of  the  people  of  the  country. 

This  is  my  personal  opinion  and  not  necessarily  the  views  of  the  dairy  commissioner 
of  this  State.  Your  communication  will  be  laid  before  him  when  ho  returns  ;  he  may 
see  fit  to  write  you  his  views  at  that  time. 
Very  respectfully,  yours, 

Geo.  L.  Flanders, 
Assistant  Dairy  Commissioner. 


Office  of  the  New  York  Dairy  Commissioner, 

Albany,  January  21,  1892. 
Dear  Sir:  Your  letter  of  the  10th  untimo  has  been  laid  before  the  dairy  commis- 
sioner, together  with  reply  to  it  by  me  on  December  1(5.  The  dairy  commissioner 
instructs  me  to  say  that  he  approves  of  the  sentiments  expressed  in  my  letter,  and 
he  desires  to  add  that  Federal  legislation  may  be  such  as  to  be  a  great  benefit  to  us 
in  this  State  iu  the  enforcement  of  tiie  statutes  against  imitation  goods. 

That  one  of  the  greatest  needs  now  is,  that  some  Federal  legislation  be  enacted, 
such  that  we  may  be  able  to  enforce  the  statutes  upon  our  books  without  hindrance 
from  the  effects  of  the  recent  decisions  of  the  Supreme  Court  of  the  United  States  in 
what  is  known  as  the  original  package  cases. 
19150~No.  32 — -2 


18     •   EXTEXT  AND  CHARACTEE  OF  FOOD  ADULTERATIONS. 


Our  lawsiu  this  State  are  aimed  against  not  only  adulteration,  but  goods  in  imita- 
tion or  semblance  of  the  pure  or  genuine  article.  Legislation  that  would  help  ns 
most  sbould  be  of  such  a  character  as  to  assist  in  enforcing  laws  along  that  line  with- 
out necessarily  bringing  in  the  question  of  adulteration.  That  is  to  say,  the  laws 
may  provide,  as  they  should,  against  adulteration,  but  should  not  confine  their  opera- 
tions to  adulteration. 

We  find  that  goods  are  put  upon  the  markets  which  are  made  in  imitation  or  sem- 
blance of  the  genuine  article,  and  well  calculated  to  deceive  the  purchaser  or  con- 
sumer.   Such  goods  may  or  may  not  be  adulterated. 

A  law  which  confines  itself  to  dealing  with  adulteration  only  would  not  reach  this 
class. 

Very  respectfully,  yours, 

Geo.  L.  Flanders, 
Assistant  Dairy  Commissioner. 


Trenton,  N.  J.,  Xovemher  23,  1891. 
Dear  Sir:  I  sincerely  hope  Congress  will  adopt  a  suitable  bill  next  winter  to  pre- 
vent adulteration  and  deception  in  food  and  drugs. 

My  time  being  limited  to-day,  I  will  take  up  your  letter  again  and  give  you  my 
humble  views  as  to  how  a  national  law  will  benefit  and  assist  the  authorities  in  our 
State  in  the  enforcement  of  her  present  laws  on  the  subject. 
I  am,  yours  truly, 

Geo.  W.  McGuire, 

Dairy  Commissioner, 


Office  of  Ohio  Dairy  and  Food  Commission, 

Columbus,  Ohio,  December  3,  1891. 
Dear  Sir  :  I  was  and  am  in  favor  of  a  bill  similar  to  the  Paddock  bill.  Will  in  the 
future  write  you  more  fully. 
Truly,  yours, 

E.  Bethel. 


Office  of  Oregon  State  Food  Commissioner, 

Portland,  Oregon,  December  1,  1891. 

Dear  Sir  :  I  regard  the  manufacture  of  imitation  foods,  drinks,  or  medicines  as 
frauds,  and  deny  the  power  of  any  government  to  license  a  fraud.  I  believe  that  the 
Federal  -Government,  as  well  as  any  of  the  States,  have  the  right  to  x^rohibit  the 
manufacture  or  sale  of  any  article  made  in  imitation  of  a  pure  article,  ifc  matters 
not  under  what  name  it  is  sold.    The  fact  that  it  is  made  in  imitation  is  fraud  of  itself. 

The  move  put  on  foot  to  grant  a  State  the  right  to  prohibit  the  importation  of  arti- 
cles from  another  State  is  plainly  in  direct  violation  of  the  Constitution  of  the 
United  States.  I  don't  believe  that  the  Federal  Government  should  pass  any  laws; 
let  the  State  prohibit  the  making  of  all  imitations.  As  regards  butter  imitations,  the 
very  fact  that  if  the  law  requires  the  article  (as  our  law  does)  to  be  ^-plainly  marked, 
so  as  to  establish  its  true  character  and  distinguish  it  from  pure  articles,'^  be  strictly 
euforced,  as  our  law  is,  stops  the  trade. 

In  1885  I  drove  every  pound  out  of  our  State  inside  of  thirty  days,  and  before  I  had 
been  in  office  this  time  thirty  days  there  were  po  butter  imitations  to  be  found. 
Truly,  yours, 

W.  W.  Baker, 

Qommi^sxQner, 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS,  19 


Commonwealth  of  Pennsylvania, 
State  Board  of  Health, 
Philadelphia,  Noveniber  24,  1891. 
Dear  Sir  :  Your  favor  of  the  20tli  instant,  in  which  you  do  me  the  honor  to  ask  my 
opinion  for  your  report  as  to  the  necessity  and  benefits  of  a  national  anti-adultera- 
tion law  covering  the  interstate  trade,  is  received.    That  we  need  stringeui  laws  to 
prevent  misbranding  and  injurious  adulteration  anyone  who  has  taken  the  trouble 
to  give  any  study  to  the  subject  can  not  fail  to  see.    That  it  is  unfortunate  to  have 
laws  of  different  degrees  of  stringency  and  different  scope  of  application  in  the  sev- 
eral States  is  equally  apparent. 

If  Congress  could  frame  a  law  which  would  establish  uniformity  in  regulation 
throughout  the  entire  country  the  gain  would  be  great.  I  am  not  enough  of  a  law- 
yer to  know  exactly  what  coustitutional  objections  might  be  raised  against  such  an 
enactment,  but  it  would  seem  to  me  that  the  result  could  be  reached  on  the  same  line 
of  procedure  as  that  by  which  the  interstate-commerce  act  was  obtained. 
Yours,  very  truly, 

Benjn.  Lee, 

Secretary. 


Madison,  Wis.,  December  4,  1891. 
Dear  Sir  :  In  my  opinion  too  much  can  not  be  said  to  the  end  of  securing  national 
laws  to  control  sophistication.  State  laws  will  never  be  so  made  that  they  can  all 
be  enforced  without  working  hardship  to  manufacturers  and  dealers.  Certain  food 
standards  will  be  fixed  by  one  State  and  certain  standards  will  be  fixed  in  another.  To 
have  an  effective  law  the  same  standard  should  obtain  in  all  States.  Then  the  maker  or 
producer  of  foodstufi^  can  send  one  grade  to  all  of  his  trade.  Again,  if  national  laws 
were  in  effect  they  would  bo  a  guide  which  all  of  the  States  would  readily  follow, 
and  soon  there  would  be  a  system  uniform  and  jnst.  I  regret  that  I  have  not  the 
time  to  follow  this  matter  at  length,  but  trust  that  you  will  do  it  for  me.  I  am 
deeply  interested  in  this  matter,  and  none  can  more  fully  appreciate  the  discourage- 
ments that  stand  in  the  way  of  a  single  State  or  half  dozen  States  to  cope  with  this 
important  question.  We  must  have  national  legislation,  and  I  firmly  believe  that  it 
will  come. 

"V  ery  truly, 

H.  C.  Thom. 


Resolutions  of  the  National  Association  of  Food  and  Dairy  Commsssioners. 

The  importance  of  a  national  law  can  not  be  more  clearly  shown  than 
in  the  following  expressions  of  the  National  Association  of  Food  and 
Daily  Commissioners,  adopted  January  14, 1891. 

Resolved,  That  it  is  the  sense  of  this  convention  that  Congress  should  at  the  earliest 
possible  date  enact  such  laws  as  will  require  that  all  dairy  and  other  food  products 
which  enter  into  the  commerce  of  this  nation,  both  interstate  and  international, 
shall  be  true  to  name  ;  that  all  adulterations,  imitations,  or  substitutions  of  or  for  any 
dairy  or  other  food  product  shall  be  distinctly  labeled  as  just  what  they  are  in  all 
the  commercial  transactions  into  which  they  enter  and  over  which  Congress  has 
control. 

Resolved,  That  we  respectfully  ask  of  Congress  such  legislation  as  will  secure  to 
the  several  States  proper  police  power,  such  as  will  enable  them  to  protect  their  own 
citizens  in  the  prod  uction  of  pure,  healthful  dairy  and  other  food  products,  and  against 
the  importation  and  sale  of  fraudulent  adulterations  or  imitations  of  such  products, 


20        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


and  of  unsound  and  diseased  meats,  to  wliicli  they  are  now  exposed  under  tlie  late 
famous  "  original  package"  decision  of  the  Supreme  Court;  and  to  this  end  we  moat 
earnestly  and  respectfully  ask  that  the  Paddock  bill,  perfected  by  striking  out  the 
word  ''knowledge"  in  the  fifth  line  of  section  2  and  in  all  other  places  where  used  in 
the  same  sense  and  connection,  be  speedily  enacted  into  law,  as  also  the  pure-lard 
bill  and  the  Hiscock  bill. 

The  above  resolution,  so  far  as  it  related  to  the  Paddock  hill,  was 
adopted. 

Other  reports — Arranged  hy  States. 

lu  Bulletin  25  the  statement  was  made  that  tlie  country  had  cause  to 
be  congratulated  upon  the  character  and  ability  of  the  gentlemen  in 
charge  of  the  sanitary  and  food  inspectorships  of  the  various  States. 
Since  that  bulletin  was  issued  the  work  of  suppressing  fraud  in  the 
food  supply  has  been  vigorously  and  in  a  measure  successfully  pushed. 
The  same  condition  seems  to  exist  now  as  at  that  time;  the  ofQcers  are 
careful,  cool,  and  clear-headed  in  the  prosecution  of  the  delicate  work 
assigned  them,  and  in  nearly  every  case  where  prosecutions  have  taken 
place  convictions  have  followed.  A  merchant  generally  prefers  to  sell 
pure  goods,  but  he  is  often  deluded  iuto  selling  impure  ones  because 
his  competitor  is  doing  the  same  thing,  and  the  dishonest  manufacturer 
paints  in  glowing  terms  the  advantage  and  innocence  of  the  deceit. 

ALABAMA. 

Dr.  N.  T.  Lupton,  State  chemist.  Auburn,  writes :  "  I  have  no  results 
of  sufficient  importance  to  report  on  the  adulteration  of  food,  drugs, 
and  liquors." 

CALIFORNIA. 

J.  Hoesch,  secretary  health  department,  San  Francisco,  writes  :  ''We 
once  in  a  while  have  an  analysis  of  milk  made;  other  than  that  noth- 
ing  is  done.  If  we  find  any  food  not  fit  for  use,  it  is  condemned  by  an 
inspector." 

The  great  fight  against  adulterations  in  California  came  from  the  wine- 
growers. The  State  has  special  wine  laws  and  a  board  of  viticultural 
commissioners.  The  olive  is  fast  becoming  an  important  industry  to 
this  section,  but  as  will  be  seen  elsewhere  the  use  of  cotton  seed  and 
other  vegetable  oils  as  adulterants  has  so  reduced  the  price  that  the 
olive  orchards  are  being  cut  down  to  make  room  for  more  profitable 
crops.  Tbe  State  Grange  has  for  several  years  warmly  and  earnestly 
advocated  national  legislation  in  favor  of  pure  food. 

CONNECTICUT. 

From  a  pamphlet  by  A,  L.  Winton,  of  the  Agricultural  Experiment 
Station  at  New  Haven,  Conn.,  the  following  extract  is  taken  : 

The  sale  of  adulterated  foods  in  Connecticut  has  been  carried  on,  as  a  rule,  without 
restriction.    We  have,  it  is  true,  a  general  law  '*  to  prevent  the  adulteration  of  food 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  21 


and  other  articles,"  but  it  is  practically  a  dead  letter.  While  the  special  laws  with 
reference  to  the  sale  of  adulterated  butter,  molasses,  and  yinegar  have  been  enforced 
and  thereby  much  good  Las  been  accomplished,  still  other  articles  of  food  are  grossly 
adulterated  and  the  people  find  no  protection. 

The  general  adulteration  law  referred  to  empowers  local  boards  of  health  to  pro- 
cure from  dealers  samples  of  suspected  foods  and  drugs  and  have  the  same  analyzed 
by  one  of  the  State  chemists.  In  case  a  sample  is  found  to  be  adulterated  with  "  any 
deleterious  or  foreign  ingredient  *'  the  certificate  of  the  chemist  to  that  effect  shall  be 
published  in  some  paper  and  the  cost  both  of  the  analysis  and  of  publishing  the  cer- 
tificate shall  be  paid  by  the  seller.  In  all  cases  where  samples  are  found  to  be  pure 
the  cost  of  analysis  shall  be  paid  by  the  city,  borough,  or  town  whose  board  of  health 
caused  the  work  to  be  done. 

The  principal  reasons  why  this  law  has  not  been  enforced  are  : 

(1)  Public  opinion  has  not  demanded  it. 

(2)  It  calls  for  the  expenditure  of  funds  from  the  treasuries  of  our  cities,  boroughs, 
and  towns  at  the  discretion  of  their  several  boards  of  health,  and  our  municipalities 
have  ev^er  been  loath  to  give  their  boards  of  health  proper  financial  support. 

(3)  The  State  chemists  are  not  equipped  for  making  the  analj^ses  which  the  proper 
enforceuieut  of  the  law  would  require  The  food  analyst  should  be  thoroughly  pre- 
pared to  carry  on  a  great  variety  of  chemical  and  microscopical  work. 

The  molasses  and  butter  laws  would  likewise  have  failed  to  accomplish  their  pur- 
pose had  not  the  experiment  station  at  New  Haven,  in  addition  to  the  agricultural 
work  for  which  it  was  originally  designed,  undertaken  the  analysis  of  the  samples,  in 
order  that  these  laws  might  not  become  a  dead  letter  like  the  general  law  regarding 
adulteration.  The  station  is  not,  however,  legally  compelled  to  do  this  work.  *  *•  * 
In  some  measure  the  people  in  this  State  have  j)rofited  by  the  work  done  else- 
where, chiefly  in  having  their  attention  called  to  the  subject.  On  the  other  hand,  it 
is  undoubtedly  true  that  stringent  laws  in  other  States  which  drive  adulterated  foods 
out  of  their  market  drive  them  into  ours.  Adulteration  is  a  profitable  business  and 
the  opportunities  offered  in  Connecticut  are  not  neglected.  Even  where  the  best 
system  for  the  suppression  of  fraud  is  in  operation  there  are  dealers  who,  especially 
when  the  chances  for  profit  are  great,  are  willing  to  run  the  risk  of  detection.  Now 
that  the  people  of  Connecticut  are  being  awakened  to  the  importance  of  food  adul- 
teration laws,  as  was  evinced  by  clauses  inserted  in  the  platform  of  both  the  leading 
political  parties  during  the  last  State  election,  and  in  view  of  the  extensive  adultera- 
tion practiced  in  the  other  States,  a  better  knowledge  of  the  condition  of  the  foods  in 
our  market  seems  desirable. 

'  The  evidence  which  has  been  j)roduced,  however,  is  sufficient  to  prove  that  the 
sale  of  adulterated  foods  is  extensively  carried  on  in  the  State,  the  material  used 
being  in  some  cases  injurious  to  health,  in  others  merely  fraudulent.  A  subject  of 
such  importance  deserves  more  of  the  attention  of  our  lawmakers.  While  every 
effort  is  being  made  to  secure  the  arrest  and  conviction  of  counterfeiters  of  money, 
the  counterfeiters  of  foods,  although  standing  no  higher  in  the  moral  scale,  usually 
go  unpunished.  This  state  of  affairs  will  continue  until  a  thorough  system  of  food 
inspection  is  adopted.  Adulteration  laws  properly  enforced  would  not  only  save  the 
public  thousands  of  dollars  every  year,  but  the  fines  collected  from  offenders  would 
go  far  toward  defraying  the  extra  expense  incurred  by  the  State. 

DELAWARE. 

Prof.  C.  L.  Parry,  chemist,  Delaware  College,  Xewark,  Del.,  says:  "I 
regret  the  work  of  this  laboratory  has  not  beeu  on  such  subjects  as  to 
allow  full  answers  to  your  questions." 

The  Delaware  State  Grange,  like  most  all  of  the  State  Granges,  passed 
resolutions  demanding  the  passage  of  the  pure  food  and  pure  lard  bills. 


22        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


FLORIDA. 

Prof.  Horman  Eobinson^  State  chemist,  writes  i 

The  only  case  of  adulteration  of  %yliicli  I  have  personal  knowledge  was  a  case  in 
Sanford,  Orange  County,  two  years  since,  when  a  strong  and  probably  ''alcoholic 
strengthened"  lager  beer  was  sold  under  the  name  of  "rice  beer."  The  sale  of  the 
latter  was  permitted  by  the  authorites ;  the  sale  of  all  "intoxicants"  was,  at  the 
same  time,  strictly  prohibited.  Microscopic  tests  showed  the  entire  absence  of  rice 
starch  grains  and  the  presence  of  barley  and  corn  starch  grains.  My  own  conviction 
is  that  the  beer  contained  "  alcohol "  which  was  the  particular  adulterant,  and  in 
this  case  was  "  poisonous  or  injurious." 

The  professor  adds  that  his  official  duties  do  not  require  the  exainiua- 
tion  of  food,  drugs,  and  liquors,  which  are  only  examined  incidentally. 

ILLINOIS. 

Dr.  John  H.  Eauch,  by  direction  of  Governor  Fifer,  writes :  "1  regret 
to  say  that  no  systematic  investigation  has  been  made  in  this  State 
with  regard  to  the  adulteration  of  food,  drugs,  or  liquors." 

Thanks  are  due  Dr.  Ranch  for  copies  of  synopsis  of  the  laws  of  Illi- 
nois affecting  health,  and  for  the  eighth  annual  report,  in  which  he  marks 
an  account  of  the  "Momence  ptomaine"  poisoning  cases,  which,  how- 
ever, are  not  elsewhere  referred  to  because  the  subject  of  live  stock  in- 
spection has  already  been  acted  upon  by  Congress. 

Dr.  Ranch  says  his  board  has  several  times  investigated  ice  cream 
poisoning.  In  a  few  instances  it  was  supposed  to  have  been  caused  by 
the  flavoring  extract,  but  such  was  not  the  case. 

Prof.  Ed.  H.  Farrington,  chemist,  agricultural  experiment  station^ 
writes  :  "  During  the  year  and  a  half  that  I  have  been  in  this  State  my 
attention  has  not  been  drawn  to  this  subject.  I  believe  a  dairy  com- 
missioner would  be  very  helpful." 

The  following  is  taken  from  pages  64  and  65,  Report  State  Board  of 
Health,  1886 ; 

i'OOD  SUPPLIES. 

In  general  people  must  win  and  choose  their  own  bread  and  meat ;  but  it  is  too 
obvious  to  need  argument,  that  the  food  supplies  of  cities  must  come  from  a  distance, 
and  the  larger  the  city  the  greater  the  distance.  In  the  long  transportation  decay 
begins  its  work  and  incipient  diseases  are  engendered.  Cupidity  fearing  loss  conceals 
as  best  it  can  the  damaged  and  tainted  character  of  the  meats  and  fruits  it  oifers  for 
salCj  or  tempts  the  poor,  by  a  cheaper  price,  to  bay  and  use  its  unwholesome  viands. 
Adulteration  comes  to  add  its  deceits  and  dangers  in  almost  every  dish  which  appears 
upon  their  tables.  A  thorough  system  of  public  inspection  by  competent,  vigilant, 
well  paid,  and  well  watched  inpectors  may  ward  otf  much  of  the  danger;  but  the 
remedy  should  begin  back  of  that,  in  a  well-chosen  location  of  the  abattoirs  and 
slaughterhouses  in  a  healthful  situation,  where  the  animals  destined  for  slaughter 
may  have  ample  yards  and  a  supply  of  food  and  water,  and  where  the  meat  may  be 
free  from  tainted  and  germ  bearing  air,  and  in  the  proper  location  and  construction 
of  the  market  houses,  to  allow  them  to  be  kept  clean  and  sweet,  free  from  all  decay, 
ing  animal  or  vegetable  substances  and  from  all  taiut  of  pollution  and  disease.  The 


EXTENT  AXD  CHARACTER  OF  FOOD  ADULTERATIONS.  23 


best  food  material  may  be  spoiled  in  a  few  hours  by  the  absorption  of  filth  from  a 
polluted  and  poison-loaded  atmosphere.  Cities  must  meet  with  due  care  the  artificial 
condition  which  compels  them  to  bring  their  food  from  such  wide  areas,  or  the  ruined 
health  and  the  scourging  epidemic  will  surely  punish  their  neglect. 

The  truth  of  these  remarks  will  be  generally  admitted  ;  but  it  is  not  the  poor  of 
large  cities  alone  who  are  in  danger;  the  well-to-do,  and  the  inhabitants  of  rural 
towns  and  villages  are  liable  to  suffer  alsoj  as  shown  at  Momence." 

IDAHO. 

Gov.  ^N'orman  B.  Willey,  of  Idaho,  writes: 

I  regret  to  have  no  information  to  furnish  you  on  the  subject.  The  law  of  the 
State  makes  the  offense  a  misdemeanor,  but  I  can  not  learn  that  any  punishment 
has  ever  been  inflicted  upon  any  person  in  connection  with  it.  No  complaint  has 
been  made  to  this  office  of  unusual  adulteration  of  food  products  or  liquors,  and  no 
legislation  has  been  undertaken. 

IOWA. 

Br.  J.  F.  Kennedy,  Des  Moines,  secretary  of  the  Iowa  St-ate  board  of 
health,  says : 

I  am  very  much  interested  in  your  line  of  work,  and  wish,  we  had  some  systematic 
inspections  and  examinations  in  this  State. 

At  a  later  date,  he  writes: 

We  have  no  examiner  of  food  and  drinks  in  connection  with  our  board,  and  hence 
no  official  reports.  I  have  no  personal  knowledge  on  either  of  the  above  questions. 
Mr.  Ta])per,  of  Osage,  Iowa,  is  our  State  dairy  commissioner,  and  he  can  give  you 
statistics  relative  to  the  purity  of  dairy  products. 

In  another  letter  Dr.  Kennedy  says  : 

Unfortunately  there  are  no  provisions  for  investigations  and  lienco  no  means  of 
detecting  adulterations.  In  consequence  the  law  is,  at  least  as  far  as  any  reported  re- 
sults are  concerned,  practically  a  dead  letter.  I  presume  some  who  know  the  prohibi- 
tions and  penalties  of  the  law  are  deterred  thereby  from  resorting  to  such  fraiTdulent 
methods  as  the  law  is  designed  to  prevent. 

KEIS^TUCKY. 

Dr.  J.  2:»r.  McCormick,  secretary  State  board  of  health  of  Kentucky, 
writing  from  Bowling  Green,  says: 

Your  circular  letter  in  regard  to  "  adulteration  of  foods,  drags,  and  liquors,"  ad* 
dressed  to  the  governor,  has  been  referred  to  this  board  for  reply.  Continued  inves- 
tigation in  this  State  has  developed  the  fact  that  the  sale  of  adulterated  food  has 
been  and  is  still  extensively  carried  on.  Our  general  laws  upon  the  subject  are  prac- 
tically valueless,  although  many  municipalities  are  better  protected  by  local  regula- 
tions. This  board  has  urged  the  passage  of  a  bill  prepared  by  the  National  Board  of 
Trade  upon  the  General  Assembly,  but  its  efforts  in  this  direction  have  so  far  been 
unsuccessful.    AYe  hope  to  succeed  better  next  winter. 

LOUISIANA. 

Prof.  William  G.  Stubbs,  State  chemist,  writes : 

This  station  has  recently  made  official  examinations  for  the  Chemical  Division  of 
the  Agricultaral  Department,  for  the  result  of  which  reference  to  the  report  is  made. 


24 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


lu  his  examination  of  molasses,  honey,  confectionery,  etc.,  he  found  mainly  glucose 
(starch  and  dextrin),  and  occasionally  salts  of  tin,  zinc,  besides  various  coloring 
matters  and  terra  alba  in  candies. 

It  will  be  seen  that  the  salts  of  tiu,  zinc,  and  most  coloring  matters 
are  poisonous.  Terra  alba  (white  earth)  is  certainly  not  wholesome, 
especially  for  children. 

MASSACHUSETTS. 

Eeports  furnished  by  Dr.  Abbott,  Boston,  secretary  to  the  board  of 
health : 

There  were  analyzed  for  the  year  ending  September  30,  1889,  5,454  samples,  being 
a  greater  number  than  any  previous  year  except  1888,  when  under  special  legislation 
relative  to  oleomargarine  the  number  was  greater. 


Food. 

Number  of  samples  analyzed   4,854 

Samples  found  to  be  pure   3,213 

Samples  adulterated  or  not  conforming  to  statutes   1, 641 

Percentage  of  adulteration   33.  8 

Number  samples  of  milk  analyzed   3,216 

Above  standard   1,  971 

Below  standard  or  adulterated   1,  248 

Percentage  of  adulterations   38.  7 

Drugs. 

Number  analyzed   600 

Of  good  quality   503 

Not  conforming  to  law   97 

Percentage  of  adulterations   16.  2 

Total  examinations  of  food  and  drugs   5,  454 

Good  quality   3,  716 

Not  conforming  to  statutes  ,   1,  738 

Percentage  of  adulteration     31.9 


The  total  examinations  of  food  and  drugs  for  the  years  enumerated  show  a  marked 
decline  in  the  percentage  of  adulteration,  owing,  doubtless,  to  the  able  State  supervis- 
ion and  rigid  inspections  which  are  aided  as  far  as  possible  by  honest  dealers  and 
manufacturers.  The  inspection  of  1884  shows  the  percentage  of  food  products  found 
to  be  adulterated  was  60.3  ;  since  which  time  they  have  gradually  been  reduced  until 
in  1889  they  are  only  33.8.  In  1884  the  percentage  of  milk  adulterations  was  69.1 ; 
in  1889  it  was  41.9  ;  in  1884  the  percentage  of  drugs  adulterated  was  36.8,  while  in 
1889  it  was  only  16.2. 

Dr.  Abbott  reports  140  complaints  for  violation  of  the  law,  of  which 
convictions  were  secured  in  124  cases,  the  percentage  of  convictions 
being  88.5;  13  only  were  discharged,  and  3  had  not  been  acted  upon. 

In  1889,  out  of  53  prosecutions  under  the  oleomargarine  law  in  Massa- 
chusetts 47,  or  89  per  cent,  were  convicted. 

A  leading  firm  of  millers'  agents  in  Boston  write: 

Concerning  wheat  flour,  would  say  that  in  twenty-five  years'  experience  we  never 
heard  of  but  one  case  where  adulteration  with  alum  was  charged,  and  that  was  a 
rumor,  and  if  it  was  done  it  was  to  make  bread  show  very  white  in  baking. 

The  effect  of  such  a  flour  on  the  system,  especially  young  people  who  have  not  at- 
tained their  growth,  would  be  injurious. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


25 


Adulteration  by  white  corn,  ground  fine,  might  be  made  and  such  has  been  done^ 
but  not  of  late  years,  since  flour  has  been  cheap.  The  effect  of  that  would  be  not  at 
all  injurious,  but  would  simply  tend  to  decrease  cost. 

A  prominent  Boston  packing  house  writes : 

We  have  been  offered  a  red  coloring  for  tomatoes,  but  know  nothing  of  its  nature. 
Have  never  used  it. 

From  several  sources  reports  are  beard  of  alum  in  flour,  used  to 
whiten,  but  a  well-authenticated  case  of  the  use  of  this  certainly  in- 
jurious adulterant  has  not  been  found. 

MARYLAND. 

Governor  Jackson  says  he  "referred  the  matter  to  Dr.  C.  W.  Clian- 
celler,  secretary  of  tbe  State  board  of  health,  the  board  under  the 
State  laws  having  the  power  to  enforce  them. 

Dr.  Chancellor  writes  as  follows  : 

I  inclose  herewith  copy  of  the  law  passed  by  the  general  assembly,  January  session 
of  1890,  in  reference  to  the  adulteration  of  food  and  drink.  Since  the  passage  of  this 
act,  I  have  had  a  large  number  of  articles  of  food  and  drink  examined,  with  the  result 
that  few  of  those,  which  admitted  of  adulteration  or  the  adulteration  of  which  was 
profitable,  was  entirely  free  from  sophistication,  and  I  can  not,  therefore,  avoid  the 
conclusion  that  adulteration  widely  prevails.  Not  only  is  the  public  health  thus 
exposed  to  danger,  aud  pecuniary  fraud  committed,  but  the  public  morality  is  tainted, 
and  the  commercial  character  of  the  country,  no  doubt,  seriously  lowered. 

I  may  add  that  offenders  against  the  adulteration  laws  of  this  State  have,  thus  far, 
been  treated  in  the  courts  in  the  most  absurdly  lenient  fashion. 

The  following  is  taken  from  Dr.  Chancellor's  report  for  1888,  pages 
36  and  37 : 

If  our  sugars  manufactured  here  are  all  pure,  our  oleomargarine  of  the  best,  our 
vinegar  all  from  high  wines  and  cider,  our  beers  and  ales  all  they  purport  to  be,  our 
tinware  all  safe,  our  kerosene  oil  all  up  to  the  legal  standard,  our  baking  powders  all 
good,  our  wines  and  spirituous  liquors  unadulterated  and  unmixed,  and  every  one  of 
our  hair  restorers  and  wall  papers  free  from  every  dangerous  ingredient,  still  there 
is  need  of  competent  inspectors  to  keep  out  the  poisonous  adulterated  articles  which 
are  constantly  liable  to  be  brought  here  from  other  places. 

B.  B.  Ross,  of  Baltimore,  Md.,  reports  baking  powders  and  sirups  as 
adulterated.    He  claims  alum  as  the  principal  adulterant. 

Some  powders  contain  excess  in  starch  filling,  in  1  sample  more  than  50  per  cent 
starch  being  found.  Other  food  articles  we  have  examined  here  have  been  free  from 
presence  of  adulterations  in  appreciable  quantities. 

Messrs.  W.  P.  Harvey  &  Co.,  Baltimore,  truly  say : 

Everything  has  already  been  made  public  regarding  the  adulteration  of  lard.  The 
merchants  and  handlers  know  all  about  it.  but  it  is  the  great  army  of  ignorant  con- 
sumers who  are  deceived = 

MINNESOTA. 

A  vigorous  prosecution  of  the  laws  against  dairy  adulterations  in 
Minnesota  present  a  most  satisfactory  condition  of  the  market,  as  they 
show  an  adulteration  of  only  7^  per  cent.  Of  20  samples  of  cheese  none 
were  adulterated,  but  15  per  cent  proved  to  be  below  the  legal  stand- 
ard of  40  per  cent  of  fat  to  total  solids.    Only  5  per  cent  were  skimmed 


26 


EXTENT  AXD  CHAEACTER  OF  FOOD  ADT'LTERATIOXS, 


cheese.  The  total  average  of  cheeses  examined  were  45.17,  while  if  all 
below  the  standard  and  the  skim  cheeses  are  left  out  the  result  is  50.91, 
or  nearly  11  per  cent  above  legal  require ineut,  which  speaks  volumes 
for  the  effective  enforcement  of  wholesome  and  judicious  laws. 

The  report  of  the  Dairy  and  Food  Commissioner,  Warren  J.  Ives,  for 
1889-^90  has  in  it  much  of  value  to  the  people  of  this  State  and  the  gen- 
eral public.    The  following  extract  is  given  : 

As  will  be  seen  by  reference  to  these  reports,  the  inspection  of  the  dairy  and  food 
products  upon  the  market  has  been  vigorously  prosecuted.  The  results  are  such  as 
to  conclusively  prove  the  benefits  to  the  public  resulting  from  the  labors  of  the  com- 
mission within  the  lield  included  under  the  present  laws  with  reference  to  dairy  prod- 
ucts; while  some  samples  of  milk  are  found  that  are  below  the  legal  standard,  the 
cases  of  actual  adulteration  are  rare.  The  samples  of  butter  examined  show  that 
while  there  are  plenty  of  samples  of  poor  butter  to  be  found,  that  but  few  butter  sub- 
stitutes are  encountered  upon  our  markets.  The  samples  of  cheese  also  prove  to  be 
uniformly  pure  and  free  from  foreign  fats. 

BAKING  POWDERS. 

The  statement  has  been  repeatedly  made  that  the  law  relative  to  the  sale  of  alum 
baking  powder  was.  to  all  intents  and  purposes,  a  dead  letter,  and  since  no  prosecu- 
tions have  been  made  under  its  provisions  that  it  is  totally  without  effect. 

The  aim  and  intent  of  the  law  was  to  secure  to  purchasers  their  right  to  a  knowl- 
edge of  what  they  were  buying,  and  thus  to  enable  them  to  protect  themselves  from 
misrepresentation  and  fraud.  To  this  end  it  was  prescribed  that  all  alum  baking 
powders  state  upon  their  labels  '"'This  baking  powder  contains  alum.'"  A  conformity 
with  this  law  is  all  that  the  Dairy  and  Food  Commission  seeks  to  secure,  and  their 
labors  are  proving  successful,  as  shown  by  the  following  table  taken  from  the  report 
of  the  chemist.  Since  the  ijublication  of  the  former  report  there  have  been  found 
401  lots  of  alum  bakiug  powder  on  sale,  of  which  o2o  lots,  or  81  per  cent,  have  been 
found  to  be  properly  labeled,  while  only  76  lots,  or  19  per  cent,  were  without  such 
distinguishing  mark.  That  such  a  large  portion  of  the  alum  powders  of  the  market 
as  found  upon  the  shelves  of  the  retailer  should  be  those  labeled  in  accordance  with 
the  law.  which  became  operative  only  eight  months  ago,  is  surely  a  gratification  to 
those  having  the  enforcement  of  rhe  law  in  charge,  and  plainly  shows  the  wisdom  of 
the  methods  employed  in  effecting  such  enforcement. 

VLN'EGAB. 

A  large  number  of  samples  of  vinegar  have  been  examined,  and  are  reported  upon 
by  the  chemist.  When  the  showing  of  the  present  is  compared  with  that  of  former 
reports  it  becomes  eviilenc  that  the  amount  of  vinegar  that  is  manufactured  and  sold 
at  wholesale  which  conforms  in  character  and  strength  vv  ith  the  le^ial  requirements  is 
very  largely  increased,  and  that  the  manufacturers  and  wholesale  dealers  as  a  v>  hole 
are  endeavoring  to  supply  an  article  that  will  pass  inspection. 

It  becomes  equally  evident,  as  shown  in  the  present  report,  that  the  retailer  is 
largely  responsible  for  the  imposition  and  fraud  which  is  still  practiced.  That  such 
is  the  case  is  shown  by  the  facts  herein  reported,  that  of  a  total  of  163  colored  vine- 
gars examined  114  were  represented  to  the  inspector  to  be  cider  vinegar,  while  only 
41  were  found  to  be  such  upon  analysis,  and  only  35  were  found  to  be  branded  upon 
the  barrel. 

The  law  requires  that  all  manufacturers  and  wholesale  dealers  in  cider  vinegar 
should  brand  the  same  as  such,  and  that  this  provision  is  invariably  carried  out  there 
can  be  no  doubt.    It  is  known  by  all  intelligent  dealers  that  vinegars  otherwise 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


"branded  do  not  represent  tbe  product  of  apple  cider,  and  ai'e  not  entitled  to  be  sold 
as  such.  In  consequeuce  of  these  facts,  in  the  future  reports  of  the  commission  the 
plan  of  publishing  the  names  of  the  retailers  who  persist  in  palming  oS  colored  low- 
wine  Annegars  as  cider  vinegars  will  be  inaugurated  in  order  that  the  public  may  be 
informed  as  to  who  the  parties  are  who  are  thus  imposing  upon  their  cnsfcomersi 

In  the  same  report,  pp.  16  and  17,  Prof.  W.  S.  EberinaOj  cliemist, 
makes  the  following  report  on  vinegar  and  baking  powders: 

VINEGAR. 

By  referriug  to  former  reports  from  this  department,  it  will  be  seen  that  the  per 
cent  of  adulteration  in  vinegars  is  steadily  on  the  decrease.  Thirty-four  per  cent  of 
the  vinegar  analyzed  in  the  past  four  months  was  found  to  be  adulterated.  This  re- 
port shows  29  samples  of  cider  vinegar,  14  of  white  wine,  1  of  orauge,  and  1  of  ma- 
ple viuegar ;  a  total  of  73  samples. 

The  temptation  to  adulterate  and  misrepresent  comes  through  colored  wine  vine- 
gar. The  manufacturers  and  the  wholesale  dealers  have  worked  well  along  the  lino 
of  correcting  the  evil.  The  major  portion  brand  and  sell  their  goods  according  to 
the  letter  and  sjDirit  of  the  law.  But  many  retail  dealers  take  undue  advantage  of 
their  customers,  and  instead  of  selling  the  pure  cider  vinegar,  such  as  they  call  for, 
they  palm  off  colored  white  wine.  The  deceptive  practices  of  the  retailer  are  being 
noted  and  in  the  long  run  will  revert  ujjon  themselves. 

BAKING  POWDER. 

In  this  connection  I  have  to  report  16  samples  of  baking  powder  received  at  the 
laboratory  and  analyzed.  A  marked  improvement  may  be  noticed  so  far  as  the  gen- 
eral character  of  the  baking  j^owders  found  in  the  market  is  concerned.  Only  2,  or 
12.5  per  cent,  were  found  to  be  adulterated  or  sold  illegall3^  There  is  an  evil,  how* 
ever,  which  is  creeping  in,  and  a  practice  among  the  manufacturers  of  baking  pow- 
ders that  ought  not  to  be  countenanced,  but  receive  the  seal  of  condemnation.  I  re- 
fer to  the  blind  label  of  the  alum  baking  powders.  Also,  to  their  legerdemain  in  sup- 
port of  the  use  of  alum  in  baking  powders.  As  an  illustration  reference  is  made  to 
an  alum  powder  manufactured  by  the  Phoenix  Baking  Powder  Company,  of  Chicago, 
111.  More  especially  is  attention  called  to  Nos.  70,  71,  and  72  of  the  j-eport,  marked 
with  a  star. 

The  manufacturer  of  No.  70  states  "that  a  small  quantity  of  alum  is  necessary  to 
retain  strength  of  powder.  Warranted  healthful."  Cream  of  tartar  powders  under- 
go a  chemical  change  in  baking  which  produces  Rochella  salts!  What  a  marvelous 
statement  for  an  intelligent  manufacturer  to  make. 

No.  71.  ''Alum  adds  strength  but  is  not  unwholesome  or  injurious." 

No.  72.  "  It  is  free  Irom  potash  alum  and  Is  not  strictly  an  alum  powder.  W'e 
guarantee  it  to  give  perfect  satisfaction." 

Such  jugglery  would  be  tabood  by  the  veriest  quack. 

Prof.  Charles  W.  Drew,  of  Minneapolis,  reports  to  the  Dairy  and  Food  Commis- 
sion the  inspection  of  1G31  samples,  of  which  609  were  analyzed  with  results  show- 
ing: 


Samples. 

Adulter- 
ated. 

Percent- 
age. 

48 

20 

42 

20 

1 

5 

249 

117 

47 

158 

21 

12 

10 

10 

100 

22 

18 

82 

Milk  

Baking  po\yders. 

Vinegar   

Lard  

Ground  coffee  . . . 
Ground  mustard. 


28        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


These  vinegars  mentioned  above  were  not  altogether  below  the  standard,  as  only 
48  per  cent  fell  below  the  legal  requirement,  but  the  others  were  misrepresented  as 
to  quality  and  from  what  they  were  made. 

The  same  authority  says  that  out  of  60  samples  of  confectionary  examined  he  has 
failed  to  find  a  single  case  where  terra  alba  existed,  or  any  other  article  detrimental 
to  health. 

This  report  makes  the  first  official  mention  that  I  have  seen  of  the  "manufactured 
coffee  bean,"  which  is  being  made  in  New  Jersey  and  Philadelphia,  and  which  the 
merchants  are  being  induced  to  try.  Dr.  Drew  says  he  has  failed  to  find  any  of  this 
spurious  article  in  liis  bailiwick  and  that  it  is  made  of  baked  dough,  pulverized  cof- 
fee, etc. 

Ground  mustard  is  defined  by  Dr.  Drew  as  the  product  of  the  crushing  or  grinding 
and  siftiug  of  the  seed  of  the  black  or  white  mustard.  In  order  to  be  considered 
pure  it  should  be  made  from  the  seed  in  their  natural  condition  without  expression 
of  the  fixed  oil  and  should  be  free  from  the  adulterants,  such  as  starch  or  flour  and 
of  coloring  matter,  such  as  tumeric,  chrome  yellow,  or  any  of  the  coal-tar  colors. 
The  claim  that  mustard  will  not  keep  unless  mixed  with  flour  or  starch  or  has  the 
oil  expressed  is  proven  false  by  the  fact  that  the  best  grades  are  those  which  are  made 
from  the  natural  seed. 

MAINE. 

Mr.  A.  G.  Young,  secretary  to  the  governor  of  tbe  State,  writes  : 

The  State  board  of  health  of  Maine  has  done  but  very  little  indeed,  or  almost 
nothiug,  worth  reporting  in  the  way  of  investigation  on  the  subject  of  adulteration 
of  food,  drugs,  and  liquors.  Prof.  Robinson,  of  Bowdoin  College,  a  member  of  our 
board,  has  done  something,  and  for  a  report  of  the  little  which  he  has  done  I  have 
referred  the  matter  to  him,  and  I  think  you  will  hear  from  him  before  long. 

Prof.  Robinson  writes  from  Augusta  as  follows: 

I  have  made  from  time  to  time  some  analysis,  but  no  systematic  investigation. 
First  as  to  food  :  Some  three  years  ago  I  found  that  glucose  was  largely  used  to  adul- 
terate table  sirup,  but  the  examination  of  many  samples  through  the  past  year  has 
proved  that  less  of  it  is  now  used.  A  year  ago  I  made  examination  of  many  of  the 
cheap  candies  sold  in  this  town,  but  no  poisonous  adulterations  were  fonnd.  Starch 
and  grape  sugar  were  generally  found.  As  to  drinks,  I  have  recently  proved  that 
most  of  the  weak  beers  sold  in  the  State  contain  salicylic  acid  in  considerable 
amount.  This  is  notably  the  case  in  a  beer  called  "  silica  beer,"  which  contains  only 
about  1  per  cent  of  alcohol. 

NEW  HAMPSHIRE. 

N.  J.  Baclieller,  secretary  to  the  governor  of  New  Hampshire,  writes 
March  27  : 

We  have  no  investigation  on  the  subject  of  food,  drugs,  and  liquors.  A  bill  has; 
been  introduced  into  our  legislature  providing  for  such,  which  is  quite  likely  to  be-- 
come  a  law. 

NEVADA. 

The  State  seems  to  be  without  law  upon  the  subject,  and  no  investi^ 
gatious  have  been  made. 

NEW  JERSEY. 

The  work  of  protecting  the  people  against  fraud  in  their  food  prod- 
ucts in  the  State  of  New  Jersey  has  been  vigorously  pushed,  and  the- 
different  officers  in  charge  of  the  work  have  been  very  energetic  in  the 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  29 


discharge  of  their  duties.  The  report  of  the  commissioner,  George  W. 
McGuire,  for  1890  shows  that  the  total  examinations  made  by  the  State 
analyst  were  2,186,  of  which  468  articles  were  found  to  have  been  adul- 
terated.   The  summary  is  as  follows : 

Total  percentage  of  adulteration,   21.  04 

Percentage  of  drugs   40 

Percentage  of  food   35.  6 

Percentage  of  milk   8.  6 

Below  will  be  found  extracts  from  Dr.  McGuire's  report.  What  he 
has  to  say  upon  the  subject  of  drugs  will  be  eagerly  read  by  all  inter- 
ested parties. 

FOOD 

In  our  iuspectiou  of  general  food,  we  have  found  that  most  dealers  show  a  readiness 
to  conform  to  law.  Most  of  the  adulterated  food  products  in  onr  market  are  brought 
from  outside  of  the  State. 

At  its  session  the  legislature  enacted  a  law  to  protect  dealers  in  food  and  drugs  by- 
warranty,  valid  only  when  received  from  persons  residing  within  the  State.  It  would 
be  well,  however,  for  all  retailers  to  insist  upon  receiving  the  said  warranty  from 
wholesalers,  whether  within  or  without  the  State.  By  this  much  trouble  to  them 
would  be  avoided,  besides  showing  their  honesty  of  purpose. 

The  following  is  a  copy  of  the  enactment,  also  a  form  of  the  warranty  which  can 
be  had  at  the  office  of  the  dairy  commissioner : 

Chapter  XXXVI. 

A  SUPPLEMENT  to  an  act  entitled  "An  act  to  prevent  the  adulteration  of  food  or  drugs,"  approved 
March,  twenty-fifth,  one  thousand  eight  hundred  and  eighty-one,  and  the  several  suppleuiciits 
thereto. 

Be  it  enacfed  hy  the  senate  and  general  assemhly  of  the  State  of  New  Jersey,  That  any 
person  accused  before  any  court  of  selling,  or  offering  for  sale  any  article  adulterated 
within  the  meaning  of  the  act  to  which  this  is  a  supplement,  and  the  supplement 
thereto,  who  shall  prove  that  he  procured  such  article  under  a  warranty  from  any 
person  or  persons  that  reside  within  the  State  in  the  form,  hereafter  set  forth,  that  said 
article  was  pure  and  unadulterated  within  the  meaning  of  said  acts,  said  person  shall 
be  discharged  from  prosecution :  Provided^  That  such  proof  in  defense  shall  be  tiled 
in  court  prior  to  the  trial  of  such  case. 

Sec.  2.  That  no  warranty  shall  be  considered  as  within  the  meaning  of  this  act 
nnless  in  the  form  hereinafter  given,  and  unless  the  article  or  articles  warranted 
shall  be  specifically  named  and  described  in  the  body  of  said  warranty  ;  and  no  war- 
ranty shall  be  a  defense  if  the  person  offering  it  shall  have  been  notified,  prior  to  the 
sale  complained  of,  that  the  articles  mentioned  in  said  warranty  are  adulterated 
within  the  meaning  of  said  acts. 

Sec.  3.  That  any  person  uttering  or  giving  a  false  warranty,  or  swearing  falsely  in 
relation  thereto,  shall  be  guiltj^  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars,  or  imprisonment  at  hard 
labor  for  not  more  than  one  year,  at  the  discretion  of  the  court. 

Sec.  4.  That  the  warrantj?^  herein  provided  for  shall  be  in  the  form  following,  to 
wit : 

WARRANTY. 

It  is  hereby  warranted  that  the  following  article  or  articles  are  pure  and 

unadulterated  within  the  meaning  of  the  acts  of  the  legislature  of  the  State  of  New 
Jersey  regulating  the  sale  of  food  or  drugs.  (Signature)  

Dated  at  ,  this  day  of  ,  anno  domini  . 

Sec.  5.  That  this  act  shall  take  effect  immediately. 


30        EXTENT  AXD  CHARACTER  OF  FOOD  ADULTERATIONS. 


By  a  reference  to  the  list  of  articles  analyzed  it  will  be  noticed  thatthe  largest  per- 
centage of  adulteration  is  in  coffee,  spices,  Tinegar,  molasses,  and  jellies. 

Ground  coifee,  as  a  rule,  is  always  more  or  less  adulterated,  commonly  with  chicory, 
frequently  with  roasted  beans,  peas,  cereals,  etc. 

In  ready-package  form  it  is  largely  adulterated,  perhaps  for  the  reason  that  the 
deception  is  less  noticeable  than  in  the  bean.  We  have  sometimes  found  such  marked 
"coffee  mixture,"  also  ''rye  coffee."  Whether  this  was  intended  to  suggest  ''rio" 
to  the  purchaser  can  not  be  said.  It  was  purely  what  it  claimed  to  be,  containing 
nothing  more  or  less  than  roasted  and  ground  rye. 

During  the  early  part  of  the  year,  and  before  my  appointment,  the  market  was 
flooded  with  bogus  coffee,  found  to  be  nothing  more  than  flour  pressed  into  the  shape 
and  colored  to  the  shade  of  the  coffee  berry.  So  well  was  it  made  to  resemble  the 
genuine  article  that  when  mixed  with  50  per  cent  of  coffee  it  was  easily  palmed  off 
on  the  public  for  pure  unadulterated  coffee.  Its  sale  was  entirely  suppressed  by  the 
former  commissioner,  Dr.  Newton,  whose  full  account  of  the  transaction  will  be  found 
in  this  report. 

There  is  perhaps  no  commodity  that  carries  a  heavier  weight  of  acception  most 
unobservable  to  the  casual  buyer  than  spices,  and  no  one  receives  the  practical  dis- 
advantage of  this  more  than  the  observing  housewife.  Grocers  are  often  persuaded 
to  buy  goods  of  this  character  by  the  A^ery  flattering  inducements  offered  them  in  the 
way  of  receiving  valuable  presents  on  bills  of  large  amounts,  etc.  It  is  needless  to 
say  that  this  class  of  goods  is  always  found  to  be  of  inferior  quality. 

The  large  percentage  of  adulteration  in  vinegar,  as  it  is  at  present  found  on  the 
market,  is  due  no  doubt  to  the  more  or  less  failure  of  the  apple  cio])  during  the  last 
two  or  three  years.  Of  the  154  samples  of  this  article  purchased  for  cider  vinegar 
84  were  found  below  the  State  standard  of  4.50  per  cent  acetic  acid,  and  36  were  not 
cider  vinegar  at  all.  The  adulteration  is  by  means  of  water,  no  foreign  acids  having 
been  detected.    The  imitation  cider  vinegar  is  simply  weak  acetic  acid  colored. 

There  is  no  difiiculty  whatever  for  grocers  to  obtain  pure  cider  vinegar,  since  re- 
sponsible dealers  will  give  a  guaranty  and  the  imitation  is  a  fraud  on  those  engaged 
in  the  manufacture  of  the  genuine  article. 

The  State  standard  is  low  as  to  per  cent.  No  cider  vinegar  will  fall  as  low,  and 
when  it  reaches  3  percent.,  as  a  number  of  samples  show,  there  can  be  no  doubt 
that  water  has  been  added.  It  is  my  intention  during  the  coming  year  to  proceed 
against  this  fraudulent  traffic  and  compel  more  honest  measures. 

The  cheap  jellies,  jams,  and  preserves  so  largely  sold  may  all  be  classed  as  fraudii- 
lent,  since  very  few  of  them  contain  a  particle  of  the  fruit  under  which  name  they 
are  sold,  being  in  nearly  all  cases  simply  apple  pomace  flavored  and  colored  to  imi- 
tate the  fruit  desired. 

During  the  encampment  of  the  national  guard  at  Sea  Girt  we  gave  the  food  sup- 
ply a  thorough  inspection  and  found  it  to  be  pure  and  wholesome.  The  milk,  which 
was  used  in  large  quantities,  was  of  a  high  grade. 

DRUGS. 

The  examination  of  drugs  has  received  a  considerable  share  of  our  attention  and 
expenditure,  with  what  improvement  in  the  same  the  flgures  below  will  show.  Last 
year  the  adulteration  in  drugs  was  found  to  be  65  per  cent.  This  year  the  average, 
as  will  be  seen  by  the  analyst's  report,  is  40  per  cent,  showing  a  marked  improve- 
ment, brought  about  without  resorting  to  prosecution,  except  in  the  latter  part  of 
the  year,  of  which  I  shall  speak  further  on. 

Those  figures  do  not  represent  the  actual  ratio  of  adulteration,  but  only  of  those 
drugs  most  liable  to  suspicion. 

Our  method  has  been  to  send  warning  notices  to  oftending  druggists  that  a  repe- 
tition of  an  offense  would  be  visited  by  a  prosecution,  and  to  learn  how  effectual  this 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  31 


system  would  prove  has  been  our  object  this  year.  On  the  whole  it  has  proved 
satisfactory,  as  has  been  shown. 

During  the  latter  part  of  the  year  samples  of  certain  drilgs  were  collected  by  the 
inspectors,  and  on  analysis  were  found  so  far  below  the  United  States  Pharmacopoeia 
standard  of  strength  and  purity  that  I  proceeded  against  the  offenders.  Of  these 
samples  two  were  tincture  opium,  the  average  strength  of  which  should  be  6  grains 
of  morphia  to  the  ounce.  One  sample  contained  but  0.955  grains  and  the  other 
1.13  grains.  At  the  trial  the  druggist  claimed  that  the  opium  from  which  the  tinc- 
ture was  made  had  been  purchased  from  a  reputable  firm  and  that  the  tincture  was 
made  according  to  the  formula  of  the  United  States  Pharmacopoeia.  The  analyses 
showed  the  opium  used  to  have  been  previously  exhausted,  such  as  is  known  to  the 
trade  as  "  Boston  opium."  Precaution  was  taken  to  secure  these  samples  on  prescrij)- 
tions,  as  the  plea  is  often  made  by  pharmacists  that  they  keep  two  kinds  of  lauda- 
num, one  to  be  disposed  of  only  on  a  physician's  order,  the  other  to  sell  in  a  commer- 
cial way,  principally  to  persons  addicted  to  the  opium  habit.  The  United  States 
Pharmacopoeia  requires  that  tincture  opium  shall  be  made  from  the  powdered  drug  of 
standard  strength.  This  can  be  had  from  any  reputable  drug  firm  with  the  assay 
printed  on  the  label  and  guaranteed,  and  how  these  experienced  druggists  could  be  so 
duped  by  this  very  reputable  firm,  or  how,  being  so  familiar  with  the  true  ai)pearanco 
of  the  finished  tincture,  they  could  dispense  this  liquid  without  a  suspicion  is  oue  of 
those  mysterious  cases  with  which  we  occasionally  meet.  However  this  may  be,  a 
severe  penalty  should  be  imposed  upon  any  pharmacist  who  is  guilty,  whether  from 
incompetency  or  mercenary  motives,  of  olispensing  so  debased  an  article  when  a  human 
life  may  depend  upon  its  action. 

The  cases  above  referred  to  are  still  pending  in  the  courts. 

The  Pharmacopoeia  requires  that  tincture  nux  vomica  shall  contain  2  per  cent  dry 
extract.  Four  samples  of  this  drug  out  of  those  collected  were  found  to  contain  re- 
spectively 0.678,  0.712,  0.618,  and  1.075  per  cent.  This  discrepancy  between  the  actual 
and  required  figures  I  considered  sufficient  to  warrant  legal  prosecution.  The  claim 
made  by  two  of  the  defendants  before  the  trial  was  that  their  tincture  had  been  pre- 
pared for  a  certain  "standard"  fluid  extract,  which  they  were  led  to  believe  would 
procure  a  United  States  Pharmacopoeia  tincture,  but  recognizing  they  had  failed  to 
meet  the  intent  of  the  law,  pleaded  guilty  to  the  charge  and  paid  the  costs  of  court,  etc 

The  manufacturers  of  the  above  preparations  state  that  in  order  to  meet  the  re- 
quirements of  the  law  their  fluid  extract  in  future  shall  contain  not  only  alkaloidal 
strength  but  shall  possess  the  amount  of  dry  extract  required  by  law.  No  explanation 
was  made  by  the  other  two  defendants  until  the  day  of  trial,  when  they  stated  that 
their  tinctures  had  been  made  from  aso-termed  "  normal  liquid"  having  on  the  printed 
label  a  formula,  which,  by  following,  the  manufacturers  claim,  a  United  Stated  Phar- 
macopoeia tincture  would  be  obtained  containing  25  per  cent  of  alkaloids.  The  claim 
made  by  the  proprietors  of  the  article  in  question  that  a  superior  tincture  can  be  had 
by  adopting  their  formula,  inasmuch  as  it  contained  the  full  alkaloidal  strength  of  the 
drug,  free  from  what  they  term  its  inert  substance,  led  me  to  submit  afejtv  questions 
to  a  number  of  prominent  physicians,  chemists,  and  pharmacists  as  to  the  therapeuti- 
cal value  of  the  nonalkaloidal  portions  of  nux  vomica  and  whether  or  not  a  tincture 
containing  0.25  per  cent  alkaloids  and  0.4  nonalkaloids  would  meet  the  intent  and 
spirit  of  the  United  States  Pharmacopoeia. 

The  answers  received  were  divided  as  to  opinion,  some  indorsing  the  manufactur- 
ers' view,  more  opposing  it  on  the  ground  that  as  no  certain  determination  of  the 
therapeutical  value  of  the  nonalkaloid  portions  of  the  drug  had  yet  been  made,  it 
was  unwise  as  well  as  unlawful  to  deviate  from  the  pharmacopoeial  formula,  and 
that  a  tincture  such  as  referred  to  clearly  does  not  meet  the  intent  and  spirit  of  the 
pharmacopoeia.  Be  this  as  it  may,  it  seems  clear  that  the  formulators  of  the  pre- 
scribed method  laid  down  in  the  United  States  Pharraacopcea  for  the  preparation  of 
tincture  nux  yomica  must  have  recognized  the  therapeutical  value  of  the  extractive 


32        EXTENT  AND  CHARACTEE  OF  FOOD  ADULTERATIONS. 


matter  iii  the  drug,  and  that  it  lias  a  defined  pliysiological  action  I  believe  most 
Ijhysicians  will  agree.  Otherwise  tincture  mix  vomica  may  as  well  be  taken  out  of 
the  medical  books,  and  when  the  action  of  the  drug  is  desired  the  physician  can  pre- 
scribe strychnia,  which  the  druggist  will  find  much  more  convenient  to  dispense. 

The  principle  of  having  a  definite  strength  for  the  most  important  drugs  is  un- 
doubtedly a  good  one.  and  the  publicity  given  to  the  above  cases  will  in  all  probabil- 
ity result  in  good,  since  the  United  States  Pharmacopoeia  is  now  in  course  of  revision 
and  the  attention  of  those  engaged  in  this  work  has  been  called  to  the  fact  that 
many  of  the  most  deadly  poisons  have  no  definite  strength  laid  down. 

While  the  United  States  Pharmacopoeia  is  not  only  the  standard  text-book  of  the 
druggist,  but  also  the  legal  guide  by  which  he  must  be  governed  in  this  State  in 
dispensing  his  officinal  preparations.  I  shall  endeavor  to  compel  a  compliance  there- 
with. 


Dr.  Lewis  Balcli,  Albany,  secretary  State  board  of  health  of  New 
York,  promptly  complied  with  request  to  supply  reports  of  his  State. 
To  show  how  varied  and  extensive  the  articles  examined  were  found  to 
be  adulterated,  the  following  extracts  from  these  very  able  documents, 
under  the  heading  of  adulteration : 

Prof.  F.  A.  Hennessey,  Saratoga  Springs,  N.  Y.,  directs  attention  to  an  article  in 
the  American  Journal  of  Pharmacy  on  "A  new  spice  adulterant."  This  matter  is 
more  fully  treated  elsewhere. 
Prof.  G.  C.  Caldwell,  professor  of  chemistry,  Cornell,  and  public  analyst,  repotts : 
Coffee  and  tea  (the  adulterant  in  coffee  is  chicory):  quinine  pills  and  capsules — 
morphine  pills  and  tablets  ;  citrate  of  iron  and  quinine — tincture  of  opium.  Xo 
adulterants  used,  but  simply  deficient  in  strength  in  case  of  portion  of  samples  ex- 
amined. The  extent  of  those  adulterations  will  be  more  fully  treated  in  another  part 
of  this  report  in  extracting  from  Prof.  CaldweJl's  report  to  the  New  York  State  board. 

The  ^^ew  York  State  board  of  health  uses  the  following  classifica- 
tions (see  pp.  451  and  452  of  report  for  1890) : 

Samples  are  classed  as  of  good  quality  when  they  fulfill  the  requirements  of  the 
United  States  Pharmacopoeia  or  fall  below  the  same  only  in  some  trifling  and  unim- 
portant respect ;  of  fair  quality  if,  while  not  fully  up  to  the  Pharmacopceial  standard, 
they  are  evidently  neither  intentionally  adulterated  nor  decidedly  below  such  stand- 
ard; and  of  inferior  "quality  if  clearly  adulterated  or  falsified,  lacking  in  any  im- 
portant constituent,  deficient  in  strength  from  improper  manufacture,  partial  or 
complete  decomposition,  or  other  causes,  or  containing  an  undue  amount  of  impurity, 
In  some  cases,  through  ignorance  or  intent,  a  wrong  article  has  been  sold  or  some 
inferior  article  of  a  nature  similar  to  that  called  for  has  been  substituted,  and  such 
samples  have  been  classed  under  the  head,  "Xot  as  called  for." 

On  page  455  of  same  report  will  be  found  the  following  summary  ot 
results  of  analyses  made  during  the  year: 

Of  the  532  samples  examined,  there  were  classed  as  of— 


NEW  YORK. 


Good  quality  

Fair  quality  

Inferior  quality  . . . 
Not  as  called  for... 
Excessive  strength 
Fictitious  


No.  Per  cent, 
233,  or  43. 8 
54,  or  10.2 
130,  or  24.  4 
33,  or  6.2 
24,  or  4.5 
58,  or  10.  9 


EXTENT  AND  CHARACTER  OF  FOOD  ADUi/fERATIONS.  33 


Mr.  F.  B.  Thurber,  of  New  York,  and  one  of  tbe  most  active  and 
earnest  friends  of  national  pure-food  legislation,  writes  at  some  length, 
giving  a  description  of  the  causes  that  have  led  up  to  the  present  pure- 
food  agitation.  He  opposes  "  special,"  but  warmly  advocates  general'' 
legislation.    Among  other  things  he  says  : 

En  passan  t  I  would  call  your  attention  to  tbe  valuable  auxiliary  you  bave  in  repu- 
table manufacturers  and  dealers  who,  as  you  will  see,  bave  been  trying  to  raise  tbe 
standard  of  our  food  supply,  and  bave  already  made  strenuous  efforts  to  tbis  end. 
Tbe  result  of  tbeir  experience  has  been  tbat  tbey  need  official  investigation  and 
publicity  to  back  tbem  up,  and  tben  tbey  can  make  beadway  against  tbeir  unscrupu- 
lous competitors.  But  if  a  dealer  in  pure  goods  analyzes  and  exposes  tbe  cbaracter 
of  a  competitor's  goods,  tbe  cry  is  at  once  raised  of  self-interest,  and  tbe  exposure 
does  not  carry  witb  it  tbe  same  weigbt  tbat  an  official  examination  and  exposure 
would. 

It  will  not  need  much  effort  on  tbe  part  of  tbe  public  officers  if  we  cau  only  get 
official  investigation  and  publicity.  Tbe  force  of  competition  will  do  tbe  rest.  Tbe 
beaviest  penalty  wbicb  an  adulterator  can  bave  visited  upon  bim  is  publicity,  be- 
cause it  means  failure  to  impose  upon  tbe  public. 

While  there  are  some  pbases  of  tbe  question  tbat  are  only  to  be  dealt  witb  by 
State  legislation,  yet  tbere  is  need  of  a  national  anti-adulteration  law  wbicb  will 
apj)ly  to  interstate  commerce.  Wbile  tbere  is  no  doubt  but  wbat  tbe  popular  im- 
pression is  largely  exaggerated  as  to  tbe  percentage  of  adulteration  in  tbe  food  sup- 
ply, tbat  is,  injuriously  adulterated,  still  tbere  is  enougb  and  more  tbau  enougb  tbat 
is  a  fraud  upon  tbe  pocket  to  justify  national  legislation  on  tbis  subject. 

Mr.  Barrett,  editor  of  the  American  Grocer,  in  letters  to  the  De- 
partment and  to  Mr.  F.  B.  Thurber,  makes  some  valuable  suggestions, 
but  which  could  not  be  carried  out  to  the  extent  required  unless  much 
more  liberal  appropriations  were  made  by  Congress.  The  chemical 
division  in  charge  of  this  work  has,  through  its  chief.  Dr.  Wiley,  been 
engaged  to  a  limited  extent  in  investigations  such  as  both  Mr.  Bar- 
rett and  Mr.  Thurber  suggests,  viz,  in  purchasing  supplies  of  various 
food  products  on  the  open  market  in  all  parts  of  the  country,  and  hav- 
ing them  analyzed  when  purchased  by  the  most  eminent  chemists  to  be 
found.  Undoubtedly  this  should  be  done  by  Congress  in  every  State  of 
the  Union,  but  when  the  investigation  is  made  and  the  fraud  proven,  as 
is  being  done  by  the  national  and  State  investigations,  what  profits  it 
unless  restraints  are  put  upon  manufacturers  and  venders  of  this  class 
of  goods'? 

The  canned-goods  (to  which  both  gentlemen  especially  refer)  indus- 
try is  one  of  great  and  increasing  importance,  and  if  there  is  no  dan- 
ger in  them,  certainly  this  great  industry  could  do  much  to  secure  the 
passage  of  a  general  anti-adulteration  law  which  would  prove  the  fact 
to  the  world. 

Mr.  Barrett  suggests  the  investigation  of  the  nutritive  value  of  arti- 
ficial foods,  such  as  oleomargarine  and  glucose.  He  adds  :  I  believe 
attention  should  be  paid  to  the  nutritive  value  of  baking  powders." 
In  conclusion  Mr.  Barrett  regrets  the  absence  of  American  literature 
on  the  subject  of  adulterations,  the  greater  portion  of  what  we  have 
19150— No.  32  3 


34        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


being  a  rehash  of  foreign  works,  and  which  are  wholly  inapplicable  to 
the  conditions  existing  here.  The  best  work  thus  far  has  been  done 
under  the  auspices  of  the  Chemical  Division  of  the  Department  of  Agri- 
culture, and  embraced  in  the  various  bulletins  issued  by  them."  Mr. 
Barrett  inclosed  two  valuable  and  interesting  articles,  one  on  adultera- 
tions and  the  other  on  the  bills  before  Congress,  from  which  extracts 
are  made. 

In  the  articles  mentioned  Mr.  Barrett  says  : 

It  seems  as  if  the  interests  of  the  consumer  are  made  subordinate  to  those  of  pro- 
ducers and  manufacturers.  All  that  consumers  demand  is,  that  they  shall  be  made 
acquainted  with  the  true  name  and  nature  of  all  articles  of  food  and  drugs  ofiered  for 
sale,  and  they  be  left  free  to  use  whatever  they  choose,  whether  it  is  axle  grease, 
butter,  or  oleomargarine.  They  want  to  know  if  baking  powder  contains  cream  of 
tartar  or  alum  ;  if  salad  oil  is  made  from  the  olives  or  cotton  seed.  They  also  want  a 
bill  to  prevent  the  misbranding  of  food  and  drugs  and  to  prohibit  absolutely  the 
sale  of  all  articles  of  food  containing  any  poisonous  substance  or  any  article  injurious 
to  health.  The  German  is  fond  of  chicory,  and  there  can  be  no  reasonable  objection 
to  a  mixture  of  coffee  with  chicory  or  with  other  harmless  vegetable  substances. 
And  yet,  unless  these  mixtures  are  sold  for  what  they  are,  a  fraud  is  perpetrated  upon 
all  who  purchase, 

A  general  act  should  contain  an  ironclad  definition  of  adulterp,.4on  covering  every 
known  manner  of  the  sophistication,  imitation,  or  adulteration  of  food  and  drugs,  and 
be  accompanied  by  a  section  providing  that  certain  articles,  mixtures,  or  compounds 
not  prejudicial  to  health,  and  properly  labeled  as  such,  maybe  sold  when  permission 
is  granted  b}^  the  Department  charged  with  the  execution  of  the  act. 

Articles  suspected  of  being  adulterated  should  be  analyzed  by  Government  chemists, 
and  when  found  injurious  to  health  the  result  of  the  analysis  should  be  made  public, 
for  publicity  is  one  of  the  greatest  of  safeguards  against  the  sale  of  adulterated  food. 

The  bills  now  before  Congress  are  loaded  with  details  and  some  so  burdened  that 
their  execution  is  impracticable.  Experience  has  demonstrated  that  existing  adul- 
terations in  ninety-nine  cases  out  of  one  hundred  are  a  crime  against  the  purse  and 
not  against  the  person.  Chemistry  has  given  us  many  useful  compounds  which  are 
nutritious  and  cheap.  And  yet  the  law*  taxes  these  heavily  merely  to  benefit  a  class. 
Such  special  legislation  is  obnoxious  and  against  the  spirit  of  our  institutions.  Let 
us  have  fair  play  and  not  a  national  act  which  imposes  burdens  upon  a  few,  dis- 
credits valuable  food  products,  and  adds  to  the  oppressions  of  taxation. 

In  his  article  on  adulteration  the  writer  says : 

ADULTERATION. 

Easy  as  it  may  seem  to  define  the  word  adulteration  satisfactorily,  it  is  extremely 
difficult.  The  use  of  the  word  in  connection  with  food  conveys  to  the  minds  of  the 
majority  of  consumers  the  idea  of  something  that  is  prejudicial  to  health.  With  some 
the  word  adulteration  is  the  synonym  for  poison.  We  appreciate  the  force  of  the 
statement  made  by  a  physician  in  discussing  the  subject,  that  "the  villainies  of  diet 
are  numerous."  We  recognize  also  that  there  is  ^orce  in  his  declaration  that  "adul- 
teration seems  to  be  almost  a  characteristic  of  civilization."  The  legal  definition,  as 
found  in  the  laws  of  New  York  and  other  States  and  in  several  of  the  bills  pending  in 
Congress,  applies  to  every  article  sold  for  food  or  drink  by  man.  In  the  case  of  food 
or  drink,  it  declares  an  article  adulterated  within  the  meaning  of  this  act — 

*The  writer  evidently  referred  to  a  bill  (presented  in  the  Fiftieth  Congress)  which 
proposed  taxing  every  article  of  food  product,  which  was  not  even  considered  by  the 
committee  to  which  it  was  referred. 


EXTENT  AXD  CHAUACTEE  OF  FOOD  ADULTERATIONS. 


35 


(1)  If  auy  substance  or  substances  has  or  have  been  mixed  with  it  so  as  to  reduce 
or  lower  or  injuriously  affect  its  quality  or  strength. 

(2)  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  the  article. 

(8)  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part  abstracted. 

(4)  If  it  be  an  imitation  of  or  sold  under  the  name  of  another  article. 

(5)  If  it  consist  Avholly  or  in  part  of  a  diseased  or  decomposed,  or  putrid  or  rotten, 
animal  or  vegetable  substance,  whether  manufactured  or  not,  or  in  the  case  of  milk, 
if  it  is  the  produce  of  a  diseased  animal. 

(6)  If  it  be  colored,  or  coated,  or  polished,  or  powdered,  whereby  damage  is  con- 
cealed, or  it  is  made  to  appear  better  than  it  really  is,  or  of  greater  value. 

(7)  If  it  contains  any  added  poisonous  ingredient  or  any  ingredient  which  may  ren- 
der such  article  injurious  to  the  health  of  a  person  consuming  it : 

The  above  is  a  broad,  and  comprehensive  definition  of  what  adulteration  is  at  the 
present  time,  and  if  the  laws  against  adulterated  food  and  drink  were  enforced  strictly 
on  the  lines  of  the  above  definition,  it  would  work  very  great  injury  to  the  j)eople 
and  the  manufacturers  and  dealers  in  food  products.  Therefore,  very  wisely,  the  law 
makes  certain  provisions  as  follows  : 

Provided,  That  the  State  board  of  health  may,  with  the  approval  of  the  governor, 
from  time  to  time  declare  certain  articles  or  preparations  to  be  exempt  from  the  pro- 
visions of  this  act :  And  provided  f  urther,  That  the  provisions  of  this  act  shall  not 
apply  to  mixtures  or  compounds  recognized  as  ordinary  articles  of  food,  provided  that 
the  same  are  not  injurious  to  health  and  that  the  articles  are  distinctly  labeled  as  a 
mixture,  stating  the  components  of  the  mixture. 

Sec.  4.  It  shall  be  the  dut}^  of  the  State  board  of  health  to  prepare  and  publish  from 
time  to  time,  lists  of  the  articles,  mixtures,  or  compounds  declared  to  be  exempt  from 
the  provisions  of  this  act  in  accordance  with  the  preceding  section.  The  State  board 
of  health  shall  also  from  time  to  time  fix  the  limits  of  variability  permissible  in  any 
article  of  food  or  drug,  or  compound,  the  standard  of  which  is  not  established  by  any 
national  pharmacopoeia. 

The  extent  of  food  adulteration  is  by  no  means  so  great  as  it  seems.  Assuming  that 
the  minimum  cost  of  feeding  an  individual  is  no  more  than  the  average  cost  of  main- 
taining a  pauper  at  a  public  institution,  say  $2  per  week,  we  find  that  the  sixty  mil- 
lion people  of  the  United  States  will  consume  not  less  than  five  thousand  million 
dollars  worth  of  food  per  annum.  The  question  as  to  the  integrity  of  the  food  supply 
becomes  a  very  important  one.  All  are  agreed  as  to  the  declaration  of  one  writer  that 
"ihe  prosperity  of  the  nation  depends  upon  the  health  and  morals  of  its  citizens ; 
that  the  health  and  morals  of  the  people  depend  largely  upon  the  food  they  eat ;  that 
wholesome  and  palatable  food  is  the  first  step  ;  that  good  morals  is  conducive  to  busi- 
ness, skill  in  trade,  and  a  healthy  tone  in  literature.  "  The  question  remains  as  to  the 
extent  of  food  adulteration.  Fortunately,  regarding  this  matter,  we  have  amass  of 
evidence  which  when  sifted  proves  conclusively  that  "  practically  there  is  no  such 
thing  as  adulteration  of  articles  of  food  as  a  sanitary  question  ;  "  a  belief  which  finds 
indorsement  in  all  official  reports  on  the  subject. 

Some  recognize  that  there  is  a  sanitary  aspect  to  the  subject,  because  facts  demon- 
strate that  the  health  of  the  people  is  put  in  peril  by  reason  of  impure  meat,  milk, 
and  water.  There  is  no  doubt  that  these  three  cause  more  deaths  in  a  year  than  are 
due  directly  or  indirectly  to  the  use  of  alcoholic  stimulants. 

Speaking  of  the  pigments  used  by  candy  manuf-ecturers,  he  continues :  True,  they 
are  used  in  very  minute  quantities,  but  there  is  no  doubt  that  the  injection  into  the 
system  of  poisonous  articles,  even  in  doses  very  much  more  minute  than  a  medicinal 
dose,  is,  in  the  long  run,  bound  to  work  injury  to  the  individual.  Then  we  recognize 
that  certain  classes  of  people  are  fond  of  chicory  in  their  coffee,  and,  it  being  harm- 
less, is  used  as  is  other  vegetable  matter  to  make  a  mixture  called  coffee,  but  which 
often  contains  very  little  of  the  true  article. 


36        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


The  use  of  bakiug  powders  as  a  matter  of  household  conveuieuce  has  come  into 
general  practice,  and  in  order  to  make  these  it  is  necessary  to  introduce  a  neutral 
article,  such  as  rice  or  starch,  in  order  to  prevent  the  premature  action  of  the  acid  or 
soda.  While  these  are  perfectly  legitimate  they  open  the  door  for  the  fraudulent 
dealer  to  carry  on  his  scheme  of  plunder. 

Thus  various  difficulties  are  met.  The  moment  that  every  consumer  is  made  ac- 
quainted with  the  true  name  and  nature  of  any  article  of  food  or  drink  offered  for 
sale,  he  may  be  at  liberty  to  use  any  sort  of  food  or  drink  ho  pleases,  but  upon  his 
own  responsibility. 

In  one  of  Mr.  Barret's  letters  lie  makes  use  of  the  following  lan- 
guage : 

Water  is  free.  Therefore  it  is  the  easiest  and  readiest  adulterant  of  alcoholic 
liquors.  It  is  a  question  whether  the  water  does  not  render  it  more  injurious  to  man, 
in  that  the  water  acts  as  a  carrier  for  the  alcohol,  causing  it  to  act  with  more 
rapidity. 

NORTH  CAROLINA. 

Director  H.  B.  Battle,  of  the  North  Carolina  Experiment  Station, 
says :  "  We  have  no  such  laws  specially  relating  to  the  subject  of  adul- 
teration of  food,  drugs,  and  liquors." 

OHIO. 

Dairy  and  Food  Commissioner  Edward  Betbel  made  a  valuable  and 
extended  report  to  the  governor  of  Ohio,  February  7,  1891,  Irom  which 
the  following  extracts  are  taken.  Ten  thousand  copies  of  the  report 
were  printed  and  distributed  to  manufacturers  and  dealers  of  food  and 
drug  supplies : 

If  this  circular  did  not  propose  or  promise  to  do  more  than  the  legislature  had  pro- 
vided the  means  of  doing,  complainants  will  have  to  look  for  the  grounds  of  their 
grievances  in  the  inadequate  provision  made  by  that  body  in  its  appropriation  bills. 
The  mere  enactment  of  laws,  without  the  means  of  enforcing  their  execution,  is  of 
little  or  no  effect. 

So  far  as  it  has  been  within  the  legal  power  and  authority  of  my  assistants  and  my- 
self to  reach  and  enforce  the  food  laws,  the  known  violators  have  been  prosecuted. 

In  speaking  of  lard,  he  says: 

Consumers  should  look  well  to  the  sort  of  stuff  they  are  purchasing  in  packers' 
l:ird.  They  had  better  buy  and  use  no  lard  but  such  as  they  know  was  made  in  the 
country  near  home,  or  in  rendering  establishments  known  to  be  clean. 

Of  437  samples  of  lard  purchased  and  analyzed  by  direction  of  the  State  board  of 
health  of  New  Jersey  in  the  year  1880,  274  were  found  composed  of  hog  fat,  and  all 
others,  163  in  number,  were  found  adulterated  with  beef  fat,  cotton-seed  oil,  acd  beef 
stearine. 

Violation  of  food  laws  are  misdemeanors  and  are  punishable  as  such.  Like  all 
other  misdemeanors  they  are  matters  subject  to  be  brought  by  any  citizen  to  the  at- 
tention and  action  of  the  grand  jury. 

WINES. 

The  law  to  regulate  the  manufacture  and  sale  of  compounded  wines,  and  to  pro- 
hibit the  manufacture  or  sale  of  adulterated  wines  within  the  State  of  Ohio,  makes 
the  manufacture  or  sale  of  adulterated  wines  a  misdemeanor,  punishable  by  a  line  of 
not  less  than  $200  nor  more  than  !$1,000,  or  by  imprisonment  in  the  county  jail  for  a 


EXTEXT  AND  CHARACTEE  OF  FOOD  ADtXTERATIOXS.  37 


term  of  not  less  than  thirty  days  nor  more  tban  six  months,  or  by  both  such  tine  and 
imprisonment,  in  the  discretion  of  the  court,  and  with  liability  to  a  j^enalty  of  81  for 
each  gallon  thereof  sold,  otiered  for  sale,  or  manufactured,  together  with  forfeiture 
and  destruction  of  the  article.  My  attention  has  been  especially  called  to  the  alleged 
adulteration  of  wines  in  the  northwestern  part  of  the  State,  and  I  have  been  requested 
to  institute  prosecutions  agaiost  the  alleged  offenders.  This  complaint  extends  to  the 
whole  wine-producing  district  of  that  section.  The  legal  remedy  for  such  wide- 
spread evil  in  adulterated  wine  is  provided  by  the  law  within  each  county.  The  law 
expressly  says:  "All  penalties  imposed  by  this  act  may  be  recovered,  with  costs  of 
action,  by  any  person  in  his  own  name,  before  any  justice  of  the  peace  in  the  county 
where  the  oft'euse  was  committed,  where  the  amount  does  not  exceed  the  jurisdiction 
of  such  justice;  and  such  penalties  maybe  recovered  in  the  like  manner  in  any  court 
of  record  in  the  State.  It  shall  be  the  duty  of  the  prosecuting  attorneys  of  the  respec- 
tive counties  of  this  State,  and  they  are  hereby  required,  to  prosecute  or  commence 
actions  in  the  name  of  the  State  of  Ohio  for  the  recovery  of  the  penalties  allowed 
herein,  upon  receiving  information  thereof ;  and  in  all  actions  brought  by  such  prose- 
cuting attorneys,  one-half  of  the  penalty  reco%^ered  shall  belong  to  and  be  paid  over  to 
the  person  or  persons  giving  the  information  upon  which  the  action  is  brought."  It 
is  plain  from  this  quotation  that  the  wine  law  does  not  make  the  dairy  and  food  com- 
missioner the  informer  or  prosecuting  witness  in  such  cases,  but  that  any  citizen  or 
prosecuting  attorney  may  prosecute  alleged  offenders. 

VINEGAR. 

Pure  cider  vinegar,  or  fermented  apple  juice,  is  the  only  article  allowed  by  law  to 
be  manufactured,  sold,  or  otfered  for  sale  as  vinegar  in  this  State,  All  cider  vinegar 
made  by  other  than  domestic  makers  is  lequired  to  be  branded  "cider  vinegar," 
on  each  cask,  barrel,  or  keg,  with  the  name  and  residence  of  the  manufacturer,  and 
the  date  of  its  manufacture.  T  have  inspected  a  number  of  the  articles  on  sale  as 
vinegar  by  sundry  retail  dealers  in  the  city  of  Columbus,  and  found,  by  the  chem- 
ist's analysis,  that  many  samples  sold  as  "  vinegar  "  were  spurious  or  adulterated. 
The  dealers,  I  was  convinced,  were  innocent  of  any  intentional  fraud  in  the  matter, 
being  unaware  of  the  real  character  of  the  substance  they  were  dealing  in  as  vinegar. 
In  each  of  such  instances  the  article  was  either  returned  to  the  wholesale  dealer,  or 
destroyed,  at  the  loss  of  the  party  having  it  in  stock,  I  believe  there  is  now  compar- 
atively little  adulterated  vinegar  being  kept  on  sale  in  Columbus.'' 

MAPLE  SIRUP, 

This  popular  local  product  and  delicious  sweet  is  an  object  of  adulteration  and 
imitation  to  a  remarkable  extent.  This  result  is  largely  the  fault  of  purchasers 
themselves.  I  know  of  parties  having  made  an  excellent  article  of  maple  sirup,  free 
from  any  adulteration,  who  visited  dealers  in  Columbus  and  other  cities,  offering  to 
sell  their  goods  at  75  cents  a  gallon — a  very  reasonable  price ;  but  the  dealers  declined 
to  buy  from  theni,  saying  they  could  buy  "maple  sirup"  for  55  cents  a  gallon,  and 
that  upon  the  latter,  though  not  so  pure  and  good,  they  could  make  more  profit  than 
they  could  on  the  genuine  product.  Thus,  the  true  maple  sirup  and  sugar  makers, 
in  such  case,  would  have  to  submit  to  a  loss,  of  over  26  per  cent,  at  which  rate  the 
total  loss  on  the  whole  amount  of  maple  sirup  made  in  the  State  would  amount  to 
about  $120,000. 

fl.  H.  Hyman,  assistant  commissioner,  iu  his  report  furnishes  the 
following : 

With  pleasure  I  state  that  I  have  had  very  few  prosecutions  to  make,  as,  with 
proper  instructions  on  the  part  of  the  commission,  most  dealers  are  making  an  earn- 
est effort  to  i^lace  only  pure  goods  on  sale. 


38        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


The  greatest  difficulty  to  contend  witli  is  in  articles  of  food  and  drugs  manufac- 
tured outside  of  Ohio. 

I  have  avoided,  as  much  as  possible,  cause  for  being  charged  with  persecution  in 
the  discharge  of  my  duties,  as  I  realize  how  easy  it  is  for  small  dealers  to  be  imposed 
upon. 

The  number  of  prosecutions  is  not  as  large  as  it  might  have  been  had  I  been  desirous 
of  prosecuting  every  technical  violation  of  the  law  that  has  come  to  my  notice ;  desir- 
ing only  to  prosecute  where  violations  were  willful,  and  required  in  the  interest  and 
well-being  of  the  community,  or  to  uphold  the  dignity  of  the  law. 

Final  issue  in  cases  is  often  delayed  on  grounds  sufficient  to  the  court,  and  based 
upon  facts  beyond  the  control  of  the  commission. 

I  have  discovered  that  in  many  cases  prejudice  against  tlie  commission,  or  sympathy 
for  the  offender,  prevails  against  overwhelming  evidence  of  guilt,  and  verdicts  of  ac- 
quittal are  sometimes  given  accordingly. 

The  same  gentleman  suggests  confiscation  of  all  adulterated  goods 
improperly  branded  as  a  means  of  making  tradesmen  more  careful. 

Also,  an  amendment  to  the  act  to  prevent  fraud  in  cauned  goods;  that  all  articles 
intended  for  food  or  ingredients  of  food  put  up  in  tin  shall  have  the  month  and  year 
of  canning  stamped  in  the  tin,  and  that  any  goods  exposed  or  offered  for  sale  without 
beiug  so  stamped  should  be  subject  to  destruction  by  the  commissioner  or  his  assist- 
ants, provided  the  same  could  be  coustitutionally  doae. 

Speaking  of  the  enforcement  of  the  la\YS  in  his  district,  Mr.  Hymau 
itemizes  as  follows : 

MILK. 

During  the  past  six  months  I  have  had  inspected  samples  and  generally  found  them 
of  standard  quality.  Whenever  creamery  men  remove  any  part  of  the  cream  from 
the  milk  they  handle,  they  are  very  careful  to  have  the  milk  up  to  the  require- 
ments of  the  statute  when  delivered  to  the  customer.  In  most  cases  the  adulteration 
is  made  after  the  milk  reaches  the  street  vender. 

I  am  satisfied  that  more  attention  by  dairymen  should  bo  given  to  the  care  of  milk 
before  it  reaches  the  consumer,  with  a  view  to  keeping  everything  clean  and  neat. 
The  place  where  the  milk  is  kept  should  have  plenty  of  pure  air,  and  be  removed  far 
enough  from  the  stable  and  barnyard  not  to  retain  any  of  the  odors. 

Too  much  care  can  not  be  taken  in  keeping  clean  the  utensils  connected  with  the 
dairy.  The  cans  in  which  the  milk  is  shipped  or  carried  should  be  thoroughly 
cleansed  and  scalded  each  time  they  are  emptied,  before  refilling. 

CHEESE. 

The  cheese  interests  of  this  district  are  in  fair  shape.  There  is  apparently  an  hon- 
est and  earnest  efibrt  on  the  part  of  most  manufacturers  to  make  clean,  honest  goods. 
Most  of  the  ''filled"  cheese  in  the  market  is  shipped  in  from  other  States,  and  wher- 
ever found  I  have  notified  the  dealer,  who  has  desisted  from  placing  any  more  of  it  on 
sale,  but  he  is  the  one  who  had  to  sufier  the  loss,  as  in  most  cases  it  had  been  paid  for 
when  delivered. 

VINEGAR. 

The  vinegar  law  in  this  district  is  very  generally  complied  with.  I  find  grocers  are 
very  particular  in  purchasing  to  see  that  the  product  is  all  right;  also,  that  m  the 
quality  of  the  vinegar  offered  for  sale  there  is  a  marked  improvement.  Hardly  any 
but  fruit  vinegar  has  been  sold  in  this  market. 

MAPLE  SIRUP. 

The  law  governing  maple  sirup  has  been  lived  up  to  almost  without  a  single  excep- 
tion in  this  district.  In  fact,  I  have  not  received  a  single  complaint  in  regard  to  any 
violation  of  the  same. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  39 


CANDY. 

I  can  safely  say  that  the  statute  governing  the  adulteration  of  candy  has  not  been 
violated  by  the  manufacturers  in  this  district. 

This  is  due  in  a  great  measure  to  the  action  of  reputable  manufacturers  entirely  dis- 
carding the  use  of  anything  in  the  way  of  adulterants,  the  rules  of  the  Candy  Man- 
ufacturers' Association,  of  which  they  are  members,  inflicting  heavy  fines  and  penal- 
ties on  any  member  making  anything  but  straight  goods. 

COFFEE  AND  SPICES. 

The  greatest  fraud  and  deception  now  practiced  in  the  market  is  in  coffees  and 
spices.  They  are  placed  on  the  market  by  unscrupulous  manufacturers  in  connec- 
tion with  gift  enterprises.  I  have  now  in  the  hands  of  Prof.  Rosewater,  State  chem- 
ist for  this  district,  several  samples  of  this  miserable  stuff,  and  have  already  learned 
enough  from  him  to  enable  me  to  commence  and  successfully  prosecute  the  parties 
putting  these  goods  on  sale,  which  duty  I  shall  perform  when  I  receive  his  official 
report. 

In  conclusion,  the  larger  number  of  tradesmen  and  dairymen  in  this  district  are 
honorable  in  their  dealings,  with  no  apparent  intention  to  deceive  their  customers  or 
violate  the  laws.  There  are  a  few,  however,  who,  for  profit's  sake,  would  adulterate 
everything  they  sold,  were  it  not  for  fear  of  the  law  and  its  execution. 

It  is  a  singular  fact  that  there  are  to  be  found  men  who  earnestly  demanded  the 
enactment  of  the  oleomargarine  and  pure-food  laws,  and  who  are  now  screaming 
themselves  hoarse  for  the  rigid  enforcement  of  same,  who  would  not  hesitate  to  adul- 
terate their  own  products  by  every  means  possible. 

Mr.  P.  McKeowu,  assistant  commissioner,  Cincinnati,  says : 

The  vinegar  manufacturers  havingthoroughly  realized  the  salutary  effects  designed 
by  the  passage  of  the  "  pure  vinegar  law,"  are  according  a  most  commendable  com- 
pliance to  its  requirements,  and  on  this  score  no  complaint  is  to  be  found. 

In  view  of  the  fact  that  the  interests  of  Cincinnati,  relative  to  the  quality  of  milk 
prepared  for  delivery  to  consumers,  is  looked  after  by  the  health  department  of  tbe 
city,  I  deemed  it  unnecessary  to  give  this  matter  that  attention  which  I  otherwise 
should.  However,  the  vigorous  and  determined  warfare  inaugurated  last  spring  by 
the  health  department,  under  the  supervision  of  its  excellent  and  efficient  head,  Dr. 
Preudergast,  looking  to  the  correction  of  the  abuses  and  impositions  practiced  by  un- 
scrupulous dairymen  in  the  character  of  the  milk  they  sold  for  family  use,  can  not  be 
too  highly  indorsed.  It  is  gratifying  to  note,  as  a  result  of  this  crusade  against  filthy 
and  wretchedly  managed  dairies,  that  a  decided  and  material  improvement  is  now 
apparent  in  the  character  of  the  milk  that  supplies  this  market. 

I  am  now  engaged  in  trying  to  enforce  "  the  pure  food  law,"  which  went  into  effect 
September  1.  To  this  end  I  have  visited  the  leading  grocery  and  drug  firms  here,  and 
placed  them  in  possession  of  a  copy  of  the  law,  urging  upon  them  the  consequences 
of  its  violation.  Further  than  this  I  have  done  nothing.  It  is  a  pity  that  this  law, 
aiming  as  it  does,  to  accomplish  such  laudable  and  meritorious  ends,  and  to  correct 
the  long  existing  evils  and  deleterious  effects  of  adulterated  foods,  can  not  be  enforced, 
owing  in  large  measure  to  the  limited  means  at  our  disposal.  You  doubtless  are 
aware  that  the  last  general  assembly  which  passed  the  law,  made  no  pecuniary  pro- 
vision for  its  enforcement. 

The  competition  of  manufacturers  in  outside  States  is  another  factor  which  should 
not  be  lost  sight  of,  and  one  whi:h  much  hampers  the  law's  efficiency.  For,  with  no 
restrictions  placed  upon  the  goods  prepared  by  them,  it  is  very  evident  that  the  home 
manufacturer  has  to  cope  for  success  under  peculiar  and  unjustifiable  disadvantages. 
Fearless  and  energetic  federal  legislation,  coupled  with  a  reasonable  appropriation 
by  the  State,  is,  in  my  opinion,  required  to  make  the  law  a  success.    The  enactment 


40 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


of  such  a  law  by  Congress  would  go  very  far  to  obviate  the  difficulties  which  now 
beset  this  commission  in  securing  a  rigid  enforcement  of  the  pure-food  law,  and  it  is 
to  be  hoped  that  the  National  House  of  Representatives,  in  their  wise  judgment,  may 
quickly  see  fit  to  frame  so  desirable  and  valuable  a  measure  of  legislation. 

The  State  chemist  for  Ohio  reports  105  analyses ;  amoug  these  the 
most  iuteiesting  were  the  following  : 

Examinations  for  poisons  in  cheese  (tyrotoxicou)  failed  to  discover  any  of  the 
poison. 

The  conclusions  derived  from  the  analysis  are  : 

(1)  That  the  Prussian-blue  reaction  is  caused  by  the  presence  of  an  organic  base, 
probably  an  amine. 

(2)  That  the  carbolic-acid  reaction  is  due  to  butyric  acid. 

(3)  That  when  both  bodies  are  present  in  the  same  liquid  both  are  extracted  with 
ether  from  an  altraliue  solution,  probably  in  the  form  of  a  butyrate  of  the  organic 
base. 

(4)  That  both  bodies  are  liable  to  occur  in  any  old  specimen  of  cheese,  milk,  or 
cream. 

(5)  That  the  presence  of  these  two  bodies  causes  artificial  diazobenzole  to  give  the 
orange-red  reaction  with  carbolic  acid,  after  being  extracted  from  whey  with  ether 
which  it  does  not  give  before. 

CANNED  GOODS, 

An  exhaustive  investigation  was  made  of  the  i;ondition  of  foods  packed  in  tin  cans, 
including  fruits,  vegetables,  fish,  and  condensed  milk.  The  investigation  was  sug- 
gested by  a  case  of  poisoning  reported  from  Mansfield,  in  which  canned  pumpkin  was 
alleged  to  have  been  the  cause.  With  the  exception  of  the  condensed  milk  every 
article  examined  was  contaminated  with  salts  of  tin.  In  most  cases  the  amount  of 
tin  present  was  so  large  that  there  can  be  no  doubt  of  danger  to  health  from  the  con- 
sumption of  the  food,  especially  if  several  kinds  are  consumed  at  the  same  meal. 
The  goods  were  bought  in  open  market  as  ofl:ered  for  sale,  and  no  pains  were  taken 
to  procure  old  samples  Since  the  completion  of  the  work  several  other  similar  cases 
of  poisoning  have  been  reported. 

The  analyses  are  given  in  full  and  consist  of  the  following : 

ARTICLES  CANNED. 

Pumpkins,  three  samples  ;  blackberries,  salmon,  pineapple,  each  two  samples,  and 
one  each  of  squash,  tomatoes,  "petite  pois,"  "champignons  de  choix,"  blueberries, 
sweet  corn,  Bartlett  x^ears,  peaches,  red  cherries,  baked  sweet  potatoes,  peas,  string 
beans,  and  condensed  milk.  The  samples,  according  to  brand,  came  from  Ohio, 
Michigan,  New  York,  Bordeaux,  France,  Paris,  New  Brunswick,  Oregon,  California, 
Maryland,  Virginia,  Tennessee,  and  \Yyoming,  showing  a  pretty  extended  scope  of 
territory. 

The  amount  of  tin  found  ran  from  3.0  to  4.20  grains  to  the  pound.  Eleven  samples 
contained  less  than  1  grain  to  the  pound.  Five  samples  eoutaiued  betw*een  1  and  2 
grains.  Five  samples  showed  between  2  and  3  grains  and  the  remaining  two  samples 
contained  3.11  and  4.20  grains. 

COFFEE. 

Five  samples  of  ground  coffee  were  examined — all  adulterated.  As  curiosities  they 
are  given  in  full : 

No.  600.  Ash,  4.16;  chicory  and  barley,  33i  ;  peas,  33^;   coffee  33^  per  cent. 
No.  609.  Ash,  4.43  ;  coftee,  25  ;  chicory,  6;  rye  69  per  cent. 
No.  610.  Ash,  4.33;  coffee,  25;  chicory,  10  ;  peas,  25  ;  rye,  40  per  cent. 
No.  611.  Ash,  6.70;  cofiee,  90;  chicory  and  cedar  wood,  about  10. 
No.  612.  Ash,  4.20;  coffee,  5;  chicory,  5;  peas,  8;  rye  with  another  substance  not 
determined,  82  per  cent. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  41 


LARD  BLEACHERS  AND  SAUSAGE  PRESERVATIVES. 

Serial  No.  60C.  Sample  of  lard  bleacher  received  of  Edward  Bethel^  November  30, 
1890.  Sent  by  B.  A.  Stevens,  Toledo,  Ohio,  Labeled,  the  best  lard  bleacher  and 
purifier,  Wolf,  Sayer  &,  Heller,  Chicago,  111. 

Tin  can  of  132  grams,  about  one-fourth  pound,  25  cents  per  can  for  30  gallons 
lard.  This  sample  was  found  to  be  granulated  caustic  soda;  price  11  cents  per 
pound. 

Serial  No.  607.  Sample  of  lard  bleacher  received  of  Edward  Bethel,  November  30, 
18U0,  Sent  by  B.  A.  Stevens,  Toledo,  Ohio  ;  labeled,  Snow  White,"  S.  Oppenheimer, 
Chicago,  111.    Tin  can,  172  grams,  about  one-third  pound,  for  45  gallons  lard. 

Boracic  acid   10.86 

Borax   47.12 

Salt   41.  13 

Serial  No.  608.  Sample  of  Preservative,"  received  of  Edward  Bethel,  November 
20,  1890.  Sent  by  B,  A.  Stevens,  Toledo,  Ohio,  Wolf,  Sayer  &  Heller,  Chicago,  111. 
Marked,  B.  Savaliue,  1  pound,  16  cents;  pink-colored  salt. 

Boracic  acid   16.26 

Salt   83.74 

Color  cochineal. 


THE  ACTION  OF  FOOD  PRESERVATIVES  ON  SALIVARY  DIGESTION. 


On  account  of  the  prevalent  use  of  borax,  boracic  acid,  salicylic  acid,  and  other 
antiseptics  for  the  preservation  of  foods  and  drinks,  the  following  investigation 
made  in  the  laboratory  of  the  writer  by  Mr.  C.  P.  Fox  will  be  of  general  interest. 
The  analytical  data  are  omitted  for  want  of  space.  The  method  and  conclusions 
alone  will  be  given.  The  work  covered  the  effect  of  salicylic  acid,  borax,  sulphite 
of  lime,  and  saccharine  upon  the  salivary  digestion  of  starch.  No  attention  was 
given  here  to  any  deleterious  therapeutic  action  of  the  drug  in  question. 

The  following  method  was  adopted  and  strictly  adhered  to  ;  the  same  conditions 
being  observed  in  all  cases. 

One  gram  of  the  starch  mixture  was  weighed  off,  transferred  to  a  flask  (250  cc. 
capacity),  10  cc.  water  added,  and  the  mixture  boiled  for  five  minutes;  5  cc.  of  water 
added  and  the  contents  cooled  to  40"^  C;  5  cc.  of  freshly  secreted  saliva  is  added  and 
the  flask  shaken  until  the  contents  are  thoroughly  mixed,  then  placed  in  the  oven 
and  kept  at  the  temperature  of  40°  C.  for  the  required  time. 

On  removing  from  the  oven  the  action  of  the  saliva  was  stopped  by  boiling.  TI;e 
contents  of  the  flask  were  washed  into  a  graduated  cylinder,  the  solution  rendered 
alkaline  with  sodium  hydrate,  and  made  up  to  100  cc.  The  amount  of  grape  sugar 
in  this  solution  was  determined  with  Fehliug's  solution. 

Although  the  action  of  the  saliva  begins  in  the  mouth,  and  the  greater  part  of  its 
work  is  done  there,  yet  there  is  no  reason  why  the  process  could  not  be  carried  on  in 
the  stomach. 

For  this  reason  the  action  was  studied  by  leaving  the  starch  and  saliva  in  contact 
for  ditterent  lengths  of  time ;  the  periods  being  one,  five,  fifteen,  thirty,  and  sixty 
minutes.  While  the  hour  test  may  be  unnecessary,  yet  it  is  better  to  give  the  pre- 
servative every  possible  chance  that  its  friends  claim  for  it. 

CONCLUSIONS. 

The  conclusions  to  be  drawn  from  the  results  of  these  experiments  are  : 

(1)  That  the  use  of  salicylic  acid,  borax,  sulphite  of  lime,  and  saccharine  in  the 
proportion  of  1  part  to  ^ffo  ^ood  is  not  detrimental  to  the  process  of  salivary  di- 
gestion. 

(2)  That  the  use  of  the  above  preservatives  in  proportion  of  1  part  to  1,050  parts  of 


42        EXTENT  AND  CHAEACTER  OF  FOOD  ADULTERATIONS. 


food  shows  uo  hindrance  of  the  function,  nnless  in  case  of  borax,  where  there  is  a 
slight  indication. 

(3)  That  the  use  of  the  preservatives,  salicylic  acid  and  borax,  in  proportion  of  1 
part  to  840  parts  of  food,  shows  a  decided  check  of  the  action  in  the  one-minute,  five- 
niiuute  and  fifteen-minute  tests,  but  disappears  in  the  thirty  and  sixty  minute  trials. 

(4)  That  where  they  are  present  in  proportion  of  1  part  to  420  parts  of  food,  the 
one-minute  test  shows  that  uo  sugar  was  formed  where  sg^licyiic  acid  and  saccharin 
Avere  used,  and  only  a  trace  where  borax  was  present. 

Five-minute  test. — No  sugar  formed  in  the  test  with  salicylic  acid  saccharin ;  an 
increase  of  sugar  in  the  borax  test. 
Fifteen-minute  test. — No  change  from  five-minute  test. 

Thirty -7ninute  test. — No  sugar  in  the  salicylic  acid  and  saccharin  trials  ;  the  dif- 
ference between  starch  and  the  borax  test  has  disappeared. 

Sixty-mimde  trial. — No  sugar  in  the  salicylic  acid  and  saccharin  tests.  The  borax 
remains  about  the  same  as  in  the  thirty-minute  trial. 

(5)  When  the  preservatives  are  present  in  the  proportion  of  1  part  to  210  parts  of 
food,  the  entire  action  of  the  saliva  is,  without  exception,  suspended  for  five  min- 
utes. At  fifteen  minutes  borax  hinders  the  action.  At  thirty  minutes  borax  still 
retards  the  action.  At  sixty  minutes  the  digestive  action  is  still  checked  slightly  by 
borax.  At  the  end  of  this  period  not  a  trace  of  sugar  could  be  found  in  the  trials 
WMth  salicylic  acid  and  saccharine.  By  inspection  of  these  results,  it  will  be  seen 
that  salicylic  acid  is  the  most  dangerous  of  all  the  preservatives  experimented  with. 
Saccharin  comes  next  and  is  nearly  as  strong.  Borax  is  third,  and  sulphite  of  lime 
last.  It  will  be  seen  that  the  safety  limit  for  salicylic  acid  and  saccharin  is  1  to 
1,050  parts  of  food.  Borax  may  be  used  in  proportion  of  1  part  to  840  parts.  Sul- 
phite of  lime,  1  to  500  or  600  parts. 

OREGON. 

W.  W.  Baker,  commissioner,  writes  : 

I  have  been  but  thirty  days  in  office.  While  I  am  satisfied  that  Oregon  is  a  dump- 
ing ground,  I  have  not  had  time  to  determine  the  extent  of  adulteration  save  in 
dairy  products  that  have  been  imported  here  from  other  States.  It  is  estimated  that 
in  the  last  six  months  some  six  carloads  of  oleomargarine  have  been  imported  into 
Portland. 

PENNSYLVANIA. 

H.  D.  Tate,  esq.,  private  secretary  to  the  governor,  writes  as  follows: 

I  am  directed  by  Governor  Pattison  to  state  that  upon  receipt  of  the  circular  letter 
requesting  information  with  regard  to  the  adulteration  of  food,  etc.,  each  depart- 
ment under  the  State  government  was  requested  to  furnish  all  the  desired  informa- 
tion in  their  ijossession.  Inclosed  herewith  you  will  find  reports  made  by  them,  and 
it  is  believed  that  these  rej^orts  cover  the  case  fully  as  far  as  Penuyslvania  is  con- 
cerned. 

Dr.  Benjamin  Lee,  secretary  State  board  of  health,  in  letter  to  Mr. 
Tate  says : 

I  have  been  in  communication  with  the  food  analyst  of  the  State  board  of  agricul- 
ture on  the  subject.  Unfortunately  the  appropriation  to  our  board  is  so  meager  that 
we  have  never  been  able  to  institute  the  observation  and  experiments  that  we  would 
like  in  reference  to  this  very  important  matter. 

Thomas  Edge,  secretary  State  board  of  agriculture,  writes  Goveriivor 

Pattison  and  says : 

Dr.  Letfraan  and  Prof.  C.  B.  Cochran,  as  microscopist  and  hygienists  of  our  board, 
have  made  several  examinations  into  the  adulteration  of  food  products  and  of  milk, 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  43 


but  not  haviug  any  funds  for  such  a  purpose  under  our  control  nothing  of  any  great 
value  has  been  accomplished.  In  our  annual  report  for  1890,  pp.  89-94,  you  will 
find  a  somewhat  extended  report  on  the  milk  supply  of  Philadelphia,  by  Prof. 
Cochran. 

Dr.  Alonzo  Robbins,  president  of  the  pharmaceutical  examiiiiDg 
board,  Penusylvania,  writes  Mr.  Tate: 

I  herewith  iuclose  copies  of  the  report  of  the  committee  on  adulterations  of  the 
Pennsylvania  pharmaceutical  association  for  the  years  1889  and  1890,  and  also  in- 
close a  copy  of  a  paper  by  Frank  A.  Hennessy  on  a  new  spice  adulterant.  This,  I 
think,  comprises  all  the  investigations  recently  made  in  this  State.  Section  9  of  the 
pharmacy  act  prohibits  and  provides  a  penalty  for  the  adulteration  of  drugs  and 
medicines,  but  the  persons  making  the  investigations  recorded  in  the  inclosed  papers 
have  been  unwilling  to  go  into  court  to  testify.  Recently,  however,  samples  have 
been  purchased  and  placed  in  the  hands  of  an  expert  chemist  for  analysis ;  if  his 
report  warrants  prosecutions  will  be  promptly  instituted.  I  regret  that  from  so  abun- 
dant a  field  I  have  so  little  to  report. 

Dr.  H.  B.  Donuell,  State  College,  Pa.,  reports  sample  of  cream  of 
tartar  branded  "  Pare  Cream  of  Tartar,  Philadelphia,"  to  have  con- 
tained calcium  phosphate  with  some  calcium  sulphate.  He  adds  that 
the  adulterants  are  probably  not  injurious. 

Hon.  H.  Wharton  Amerliug,  president  of  the  American  Society  for 
the  Prevention  of  Adulteration  of  Food,  writes: 

In  accordance  with  your  kindly  request  for  information  as  to  food  adulteration 
would  state  that  we  have  the  honor  to  submit  the  results  of  some  analyses  of  differ- 
ent articles  of  food  made  by  chemist  of  our  society  in  the  year  preceding  May  1, 
1891.  The  results  show  merely  the  average  per  cent  of  adulteration  of  the  several 
articles  of  food  named,  as  follows:  Cream  of  tartar,  40  per  cent ;  low  grades  of  sugar, 
18  per  cent ;  olive  oil,  54  per  cent ;  castor  oil,  20  per  cent ;  ground  pepper,  in  bulk,  60 
percent;  ground  cinnamon,  54  per  cent;  ground  ginger,  40  per  cent;  groundnut- 
megs,  50  per  cent ;  ground  mace,  52  per  cent;  sirups,  30  per  cent;  milk,  40  per  cent; 
beer,  40  per  cent. 

L.  G.  Groff,  Lebanon,  Pa.,  says  : 

The  most  injurious  adulterant  I  now  have  in  mind  is  that  which  has  become  well- 
nigh  universal,  of  putting  all  the  dust  and  dirt  of  all  kinds  removed  from  wheat 
into  the  bran  and  other  feed  products.    This  is  a  matter  worth  some  attention. 

Messrs.  Powers  &  Weightman,  Philadelphia  manufacturing  chem- 
ists, say : 

There  is  no  difficulty  in  procuring  food,  drugs,  and  liquors  of  the  best  quality  in 
any  city  or  town  in  the  United  States,  provided  there  is  a  willingness  to  pay  for  them 
a  just  and  proper  price.  If,  on  the  other  hand,  consumers  demand  cheap  goods,  there 
are  some,  undoubtedly,  who  will  adjust  the  goods  to  the  price. 

While  there  can  be  no  doubt  as  to  adulteration  being  carried  on  in  all  countries  to 
a  greater  or  less  degree,  we  feel  satisfied  that  the  extent  in  this  country  has  been 
greatly  magnified  and  the  trade  grossly  misrepresented. 

If  Messrs.  Powers  &  Weightman  are  correct  in  their  views  of  the 
matter,  does  it  not  show  the  absolute  necessity  for  a  law  that  will 
compel  all  who  '^adjust  their  goods  to  the  prices  "  to  publish  the  fact  to 
their  customers  ?    The  writer  quite  agrees  with  Mr.  F.  B.  Thurber,  of 


44        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


New  York,  oii  this  subject  that  the  reputable  houses  desire  a  just  and 
equitable  law  aud  would  aid  greatly  in  enforcing  its  provisions. 

RHODE  ISLAND. 

Dr.  Charles  H.  Fisher,  secretary  State  board  of  health,  writes  as 
follows : 

In  reply  to  inquiries  by  circular  of  19tli  instant  in  regard  to  adulterations  of  food, 
drngSj  or  liquors,  allow  me  to  say  that  very  little  investigation  bas  been  made  in  this 
State  of  the  first  two  classes,  because  the  legislature  has  not  ^een  fit  to  make  an 
appropriation  therefor.  This  board  made  use  of  what  little  funds  it  could  spare  in 
1890  from  its  appropriation  of  $3,000,  and  in  some  previous  years  the  inspector  of  milk 
of  the  city  of  Providence  has  made  in  limited  numbers  analyses  of  milk  when 
brought  to  him  for  that  purpose.  Liquors  have  been  analyzed  only  when  they  have 
been  seized  under  supposed  violation  of  law.  The  results  of  such  investigations  as 
this  board  has  been  able  to  make  show  that,  taking  all  parts  of  the  State,  57.14  per 
cent  of  milk  examined  was  below  the  legal  standard  of  12  per  cent  solids  and  2|  per 
cent  of  fats.  Some  samples  contained  adventitious  substances.  Of  a  considerably 
large  number  of  samples  of  milk  analyzed  by  the  recently  appointed  milk  inspector 
of  Providence  City,  I  think  he  stated  to  me  that  78  per  cent  was  below  the  legal 
standard.  Of  the  samples  of  molasses  analyzed  under  the  direction  of  the  board  and 
purchased  in  different  sections  of  the  State  as  best  molasses,  1  sample  only  in  every 
8,  or  12  per  cent,  was  found  to  be  true  molasses. 

Of  vinegar,  5.5.17  per  cent  contained  less  than  the  legal  standard  of  2  per  cent  of 
vinegar  solids  or  4^  per  cent  of  absolute  acetic  acid.  Twenty-seven  per  cent  of  sam- 
ples was  other  than  cider  vinegar.  No  attempt  was  made,  in  any  case  of  purchase  of 
any  and  all  samples,  of  obtaining  other  than  the  best  goods.  I  had  an  anti-adul;eration 
bill  before  the  legislature  a  year  or  more  ago,  but  it  was  never  reported  back:  from 
the  committee  to  whom  it  was  referred,  alt^hongh  several  public  hearings  were  given 
with  general  approval ;  opposed  only  by  paid  legal  counsel  and  one  large  dealer  in 
milk,  a  member  of  the  committee.  I  have  been  unable  thus  far  this  session  to  get  a 
hearing  upon  the  merits  of  the  bill.  It  is  based  on  the  laws  of  Massachusetts,  New 
York,  and  New  Jersey.  I  would  like  a  more  extensive  investigation  of  articles  of  food 
if  means  could  be  obtained.  I  would  undertake  to  furnish  samples  of  various  articles 
for  analysis  by  your  Department  if  such  an  arrangement  could  be  made. 

The  law  referred  to  by  Dr.  Fisher,  he  states  in  a  subsequent  letter, 
was  not  passed  by  the  legislature. 
Dr.  Fisher,  iu  another  letter,  further  says : 

From  circumstances  within  my  knowledge  I  believe  that  frauds  are  perpetrated  in 
the  necessary  articles  of  food  in  this  State  to  the  extent  of  $1  per  annum  in  the  con- 
sumption of  every  individual  of  the  population  of  354,000  at  date. 

TEXAS. 

Com  nissioner  of  Agriculture  L.  L.  Foster  writes  from  Austin  : 

I  beg  to  state  that  there  are  no  laws  in  this  State  upon  this  subject.  If  is  the  pre- 
vailing opinion  of  the  people  that  adulteration  of  food,  drugs,  and  liquors  is  carried  on  to 
a  considerable  extent,  but  this  is  not  based  on  any  reliable  data. 

The  italics  are  supplied,  aud  the  opinion  expressed  by  Commissioner 
Foster  is  backed  up  by  resolutions  of  the  State  Grange  of  Texas  and  of 
letters  leceiv^ed  by  the  writer  from  Worthy  Past  Master  A.  J.  Kose,  of 
the  Texas  State  Grange,  and  other  prominent  gentlemen  in  that  State. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  45 


VERMONT. 

Governor  C.  S.  Page,  of  Vermont,  was  prompt  and  courteous  in  his 
reply  to  request  for  information.  At  the  request  of  Governor  Page 
Prof.  W.  W.  Cook,  director  of  the  State  agricultural  station,  furnished 
the  following  information : 

In  reply  to  your  favor  I  would  say  that  there  is  no  person  or  department  iu  this 
State  whose  duty  it  is  to  look  into  the  question  of  the  adulteration  of  food,  liquors, 
etc.  The  nearest  approach  to  it  is  iu  the  question  of  oleomargarine,  suspected  sam- 
ples of  which  may  be  sent  to  the  experiment  station  for  analysis.  So  far,  of  the  few 
samples  that  have  been  sent  to  us,  we  have  failed  to  find  any  thing  but  pure  butter. 
In  our  station  report  for  1S89,  p.  37,  there  is  an  analysis  given  of  adulterated 
cream  tartar,  which  happened  to  come  to  the  laboratory. 

Secretary  J.  H.  Hamilton,  Richford,  of  the  State  board  of  health, 
furnished  the  following : 

This  board  has  not  been  asked  to  investigate  the  adulteration  of  food,  drugs,  or 
liquors,  and  no  appropriation  has  been  made  by  the  State  for  this  purpose.  The 
statute  prescribes  a  x^enalty  for  such  adulterations,  but  provides  no  means  for  inspec- 
tion (chapter  6,  R.  S.).  A  bill  relating  to  this  matter  was  killed  by  the  legislature 
of  1890. 

VIRGrlNIA. 

Prof.  Eichard  H.  Gaines,  Eichmond,  Va.,  reports  as  adulterated: 
^'Butter,  lard,  pulverized  sugar,  baking  powder,  vinegar,  lager  beer,  and 
whisky."  The  State  Grange  and  the  Farmers'  Assembly  have  both  re- 
peatedly urged  Congress  to  pass  some  stringent  laws  upon  the  subject 
of  adulteration. 

WEST  VIRGINIA. 

Mr.  James  W.  Ewing,  secretary  to  the  governor,  says :  "This  de- 
partment will  be  unable  to  furnish  any  information  on  the  subject  of 
adulteration  of  food,  drugs,  and  liquors." 

The  West  Virginia  State  Grange  passed  strong  resolutions  urging  the 
adoption  of  a  pure  food  bill. 


ADULTEMN'TS  OF  FOODS.  BEVERACtES.  A\D  DRUGS, 


Nearly  every  article  of  food,  drink,  and  drug'  used  by  man,  and  from 
recent  reports,  beasts  should  be  added,  is  more  or  less  adulterated.  It 
has  been  stated  that  during  the  Englishexamination  every  article  in  use 
was  found  iii  some  way  to  be  adulterated  except  common  salt,  which  was 
too  cheap  to  admit  of  the  expense,  and  the  old-fashioned  loaf  sugar. 
Whether  this  be  true  or  not,  it  IS  now  a  pretty  well  established  fact  that 
every  article  in  use  has  its  "'grades,"  imitations/'  etc.,  and  that  noth- 
ing that  enters  largely  into  daily  consumption  is  too  cheap  to  be  cheap- 
ened. 

In  the  annexed  list  are  arranged  in  alphabetical  form  the  various 
articles  adulterated  and  the  adulterants  used,  so  as  to  give  some  slight 
idea  of  the  extent  and  character  of  sophistication  in  a  shape  that  can 
be  readily  comprehended. 

COMMON  ADULTERANTS  OF  FOODS  AND  BEYEEAGES. 

As  far  as  possible  herein  is  given  a  classified  list  of  common  adulter- 
ants, together  with  comments  and  extracts  relating  to  some  of  the  most 
important  ones  as  presented  by  various  authorities.  While  many  of 
these  articles  are  perfectly  harmless,  the  fraud  consists  in  selling  them 
under  false  and  misleading  brands,  whereby  the  T3urchaser  is  sold  one 
article  when  asking  and  paying  for  a  different  one.  These  adulterants 
are  divided  into  two  classes,'' Poisonous ''and  "Fraudulent  "adulterants. 
While  ail  poisonous  adulterants  are  not  only  criminal  bat  fraudulent  as 
well,  most  of  the  fraudulent  adulterants  are  not  harmful. 

One  character  of  fraud  now  generally  adopted  in  States  where  laws 
are  enforced  is  for  the  manufacturer  in  branding  his  goods  to  use  large 
letters  to  describe  them  and  very  small  ones  to  define  the  fact,  required 
b^'  law,  that  the}'  are  compounded.    For  example: 


46 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  47 


ALUM. 

While  not  an  acid  salt  gives  the  same  practical  result,  carbonic  acid 
being  liberated  by  its  use.  It  is  often  used  in  so-called  cream  of  tartar 
powders.    In  such  cases  it  is  an  adulterant. 

ALCOHOLIC  LIQUORS. 

Fusel  oil,  tannin,  logwood,  water,  coloring  matter,  burnt  sugar. 

Kirsch  CGerman  cherry  brandy)  is  imitated  by  a  mixture  made  from 
apricot  and  cherry  seed,  dried  peach  leaves,  myrrh,  and  good-flavored 
alcohol. 

Gin  is  the  product  of  the  juniper  berry,  often  imitated  with  a  whisky 
made  from  rye  and  barley,  or  potatoes  and  barley  5  also,  adulterated  with 
alum  salts,  spirits  turpentine,  and  water  and  sugar. 

Absinthe  is  adulterated  or  imitated  by  liquors  undistilled— some  dis- 
tilled— with  trois-six  from  beets,  etc.  Old  and  damaged  material  is  used 
and  others  after  distillation  have  added  aromatic  resins,  such  as  benzoin, 
guaiacum,  etc. 

BUTTER. 

Oleomargarine,  cotton  oil,  olive  oil,  beef  suet,  and  water.  The  proper 
proportion  of  water  is  5  to  10  i)er  cent,  but,  according  to  HasselJ,  Kil- 
mer, Johauson,  and  others,  it  can  be  loaded  with  from  20  to  50  per  cent. 

Eancid  butter  and  lard  churned  together  in  sweet  milk,  with  alkalies, 
is  another  form  of  adulteration. 

BAKING  POWDERS. 

Alum  for  cream  of  tartar,  overdoses  of  starch  and  flour. 

BLACK  PEPPER. 

Buckwheat  flour  and  ground  hulls,  cracker  crumbs,  Indian  meal, 
wheat  flour,  charcoal,  sand,  bran,  linseed  meal,  cocoanut  shells,  mus- 
tard husks,  sawdust,  olive  stones,  cayenne,  P.  D.,  red  clay,  and  ship 
bread  (see  Spices). 

Gen.  B.  F.  Butler  claims  that  the  pepper  used  to  cure  the  hides  sent 
from  South  America  to  this  country  is  washed,  dried,  and  sold  as  pure 
pepper.  One  can  imagine  how  they  would  like  salt  from  spoiled  fish  or 
decomposed  meat ;  this  class  of  pepper  is  no  better. 

Of  thirteen  samples  analyzed  by  the  Connecticut  authorities,  nine 
were  adulterated. 

BREAD. 

Alum,  sulphate  of  copper,  ammonia,  flours  other  than  wheat,  inferior 
grades  of  flour. 


48        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


BEER. 

Burnt  sugar,  licorice,  treacle,  quassia,  coriander  and  caraway  seed, 
cayenne  pepper,  soda,  salicylic  acid,  and  salt  (increase  thirst).  Artificial 
carbonic  gas,  grains  other  than  barley  malt,  glycerine,  to  increase 
its  viscosity.    Glucose*  water  is  often  added  by  retailers. 

Tobacco  or  seed  of  Cocculns  indicus  are  added  as  intoxicants. 

In  color  and  flavor  burnt  sugar,  licorice,  treacle,  and  other  mixtures 
are  added  to  disguise  the  taste  of  adulterants. 

The  very  extended  report  of  the  Department  of  Agriculture  in  Bul- 
letin No.  13,  part  3,  would  seem  to  preclude  the  necessity  of  referring 
to  beer,  but  as  its  consumption  is  almost  as  general  as  bread,  it  may 
not  be  out  of  place  to  refer  to  its  composition,  and  to  the  unhealthy 
elements  that  investigation  has  found  therein. 

The  age  of  good  beer  should  be  from  twelve  weeks  to  six  months,  ac- 
cording to  different  authorities.  It  is  often  sold  in  from  two  to  three  weeks 
after  being  made,  and  in  such  a  state  is  not  healthy.    One  report  says  : 

Beer  slionld  stand  fioiu  four  to  six  months,  so  as  to  produce  tlie  needed  carbouitica- 
tiou  to  prevent  the  beer  turning  acid.  Good  beer,  well  made,  allowed  to  stand  the 
necessary  time,  has  in  itself  sufficient  carbonic  acid  gas  to  eject  all  fermentable 
matter  without  resorting  to  artificial  or  injurious  fermentation.  The  beers  that  are 
sophisticated  simply  accuse  themselves. 

Webster  defines  malt  as   Barley  or  other  grain  steeped  in  water  until  it 
germinates,  then  dried  in  a  kiln,  thus  evolving  the  saccharine  principle." 
Hassal  says : 

The  extract  of  malt  contains  a  variety  of  other  substances,  organic  and  mineral, 
beside  sugar,  so  that  the  beverage  produced  iVoni  brewing  malt  extracts  and  the 
mixture  of  this  with  sugar  and  various  other  substances  is  very  different  in  its 
actual  composition  and  in  its  diabetic  properties  and  elfects. 

Hassal  again  says : 

Malt  beverages  should  consist  solely  of  the  x)roduct  of  malt  and  hops,  the  former 
of  which  lias  been  subjected  to  fermentation,  and  all  varieties  of  these  beverages 
should  be  due  to  these  and  these  alone.  The  color  should  be  due  solely  to  the  degree 
of  heat  to  which  the  malt  has  been  subjected  in  the  kiln  and  the  ripeness  and  color 
of  the  hops  employed,  and  adulteration  is  defined  as  follows :  Any  other  substances 
than  the  constituents  of  malt  and  their  derivatives,  hops,  and  water,  in  such  propor- 
tion as  in  the  case  of  stout,  strong,  and  pale  ale,  to  reduce  the  absolute  alcohol  to 
less  than  4.5  per  cent,  and  in  porter  and  beer  to  under  3,5  per  cent.  Although  the 
law  allows  the  addition  of  both  sugar  and  salt,  we  regard  these  additions  as  adul- 
teration. 

Atcherly,  in  reference  to  what  ought  to  be  the  composition  of  beer, 
says : 

Beer  is  the  fermented  infusion  of  malted  barley  flavored  with  hops,  which,  by  law 
(English),  are  the  only  substances  permitted  to  be  used  in  its  manufacture.  How 
far  this  law  is  carried  out  is  a  matter  which  only  analysis  can  determine. 

*Glucose,  when  properly  made,  is  healthful,  but  if  manufactured  improperly  is  a 
dangerous  article  (see  Glucose). 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  49 


A  gentleman  who  evidently  rakes  a  somewhat  liberal  view  detines  normal  lager 
to  be  a  fermented  beverage  not  less  thau  six  months  old,  made  from  any  starchy 
grain,  and  rendered  bitter  to  suit  the  consumer's  palate. 

There  seems  to  he,  therefore,  an  agreement  in  defining  malt  beverages  as  being 
composed  solely  of  malt  and  hops,  but  a  difference  in  regard  to  the  kind  of  grain 
from  which  malt  is  to  be  derived. 

On  page  416,  Kew  York  State  Board  of  Health  Report  for  188G,  we 
fiud  the  following : 

Dr.  Hartley,  of  Brooklyn,  speaks  of  the  custom  of  brewers  sending  out  to  the  market 
beers  only  fourteen  days  old,  containing  more  or  less  yeast,  and  clarified  by  artificial 
means  instead  of  in  the  natural  way.  He  further  shows  that  while  bicarbonate  of 
soda  taken  into  the  stomach  in  suiall  quantities  is  quite  harmless,  yet  in  the  frequent 
potations  of  habitual  beer  drinkers,  who  imbibe,  say,  thirty  glasses  per  diem,  an 
amount  ranging  from  180  to  200  grains  of  bicarbonate  of  soda  may  be  introduced  into 
the  system  with  necessarily  deleterious  effect. 

-X  ***** 

Another  danger  to  be  guarded  against  is  at  the  retailers,  where,  it  is  alleged,  adul- 
teration is  carried  on,  either  with  the  object  of  increasing  the  quantity,  its  intoxi- 
cating power,  its  pungency,  or  to  revive  old  beer  and  give  it  an  artificial  color,  result- 
ing, of  course,  in  a  deteriorated  article. 

^  -X-  *  -;f  -jfr 

No  matter  how  good  the  beer  may  be  when  brewed,  it  is  always  liable  to  harmful 
manipulation  in  the  hands  of  a  conscienceless  retailer.  Water  is  added  to  increase 
the  quantity  with  the  result  of  lowering  the  proportion  of  its  constituents  and  lessen- 
ing its  flavor.  Tobacco  or  the  seeds  of  Cocculus  iiidicus  are  added  for  intoxicating 
effect;  color  and  flavor  are  given  by  means  of  burnt  sugar,  licorice,  treacle,  quassia, 
coriander  and  caraway  seeds.  To  increase  the  thirst  of  the  consumer,  salt  and  cay- 
enne pepper  are  put  in,  and  various  mixtures  are  concocted  to  get  rid  of  stale  ale.  For 
these  the  brewers  are  certainly  not  responsible. 

COTTON  SEED  OIL. 

This  article  has  within  the  past  few  years  created  more  discussion 
than  any  other  adulterant,  owing  to  the  agitation  arising  from  the  Con- 
gressional investigation  regarding  the  "  Conger  lard  bill."  The  discus- 
sion has  been  so  general  that  chemists  in  nearly  all  the  States  have  in- 
vestigated the  article  with  more  than  the  usual  care.  So  far  as  I  have 
seen,  the  opinion  expressed  by  these  gentlemen  is  to  the  effect  that  the 
oil  from  cotton  seed  is  a  healthful  commodity,  and  but  few  persons  have 
advanced  any  contrary  opinion.  The  oil,  however,  is  used  to  adulte- 
rate the  food  supply  probably  more  than  any  other  one  substance,  and  is 
sold  under  the  name  of  lard  and  olive  oil  more  extensively  than  in  any 
other  form.  It  enters  largely  into  the  fraudulent  manufacture  of  butter 
and  cheese,  its  rich  color  making  it  a  very  valuable  article  in  the  hand  of 
the  unprincipled  manufacturer  who  desires  a  cheap  substitute  for  cream. 

CHEESE,  LARD,  AND  COTTON  OIL. 

The  adulterants  are  oleomargarine,  skimmed  milk,  and  coloring  mat- 
ter, salts  of  mercury  in  the  curd,  and  cotton  seed  oil. 

Probably  no  one  article  is  more  extremely  adulterated  than  this,  and 
the  extent  to  which  the  adulteration  has  been  carried  has  excited  con- 
siderable remark  in  foreign  markets  and  materially  interfered  with  the 
19150— Ko.  32  4 


50        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


export  of  the  article.    The  principal  adulteration  in  this  article,  like 
most  of  the  others,  is  harmless,  being  the  extraction  of  the  cream  and 
addition  of  colorin^j;  matter,  olio,  and  cotton  oils. 
The  following  is  from  the  Ohio  report,  1890  : 

A  process  has  been  invented  and  patented,  and  wbich  Las  been  in  operation  a 
number  of  years,  by  vrhich  about  14  per  cent  of  lard  is  used  with  skimmed  milk  in 
making  cheese.  In  this  process  about  half  of  the  fat  removed  in  the  skimming  of  the 
milk  is  replaced  with  lard.  I  do  not  believe  there  is  -any  chee&e  of  this  sort  made  in 
Ohio.  In  this  State  the  main  cause  of  the  poor  and  low  grade  cheese  is  the  use  of  full 
skimmed  milk. 

What  is  called  "filled  cheese"  is  manufactured  as  follows,  according  to  the  New 
York  Produce  Exchange  Bulletin  : 

The  process  consists  in  taking  all  the  cream  out  of  the  milk  by  the  separator,  and 
then  taking  the  skim  milk  up  and  charging  the  vat  just  before  it  is  set  with  deodorized 
lard,  cotton  seed  oil,  or  other  fat.  The  oil  is  taken  up  in  the  curd,  and  mechanically 
held  there,  the  cheese  curd  simply  being  used  as  a  capsule  in  which  to  carry  it.  There 
is  no  assimilation  or  chemical  affinity  between  the  curd  and  its  contents." 

CHROME  YELLOW. 

This  dangerous  article  is,  it  is  thought,  used  very  carelessl}'  by  bakers 
and  confectioners  to  add  beauty  of  color  to  their  goods  to  give  the 
appearence  of  using  eggs  much  more  generally  than  is  done.  On  this 
subject  I  quote  from  several  distinguished  authorities  in  Philadelphia. 

The  following  is  taken  from  the  Third  Annual  Eeport  State  Board  of 
Health  of  Pennsylvania : 

Dr.  Leffman,  of  Philadelphia,  found  8  grains  of  lead  chromate  in  a  pound  of  a  sam- 
ple of  Soup  "noodles  "  placed  there  to  color  it  in  imitation  of  eggs.  The  baker  from 
whom  these  noodles  were  purchased,  one  Krumm,  of  Philadelphia,  stated  he  had 
habitually  used  this  dye  for  thirteen  years.  Other  samples  were  also  found  to  con- 
tain lead. 

Seventy-eight  cases  of  lead  poisoning  were  reported  in  Philadelphia  by  Dr.  D.  D. 
Stewart,  chief  of  the  medical  classes  in  the  Jefferson  Medical  College,  from  eating 
chrome  yellow  pound  buns.  Sixty-four  cases  were  indisputably  the  result  of  the  use 
of  chrome  yellow  by  two  bakers,  Schmid  and  Palmer ;  in  the  family  of  one,  six  deaths 
occured,  and  he  was  himself  seriously  ill  from  the  use  of  "  his  own  medicine." 

The  tea  buns  tested  by  Dr.  Leffman  yielded  approximately  2  grains  of  lead  chro- 
mate to  each. 

At  the  inquest  on  the  Palmer  and  Dieble  cases,  by  a  member  of  a  wholesale  drug 
and  paint  supply  house,  before  referred  to,  who,  curiously  enough,  is  a  lecturer  on 
food  adulterations,  as  well  as  pharmacy,  in  the  Medical  University  of  Pennsylvania, 
that,  to  his  knowledge  80  per  cent  of  the  bakers  and  confectioners  in  Philadelphia 
were  very  recently  regularly  using  chrome  yellow,  and  that  it  had  been  in  constant 
use  by  them  as-an  artificial  color  for  many  years.  It  was  shown  that  all  the  chrome 
yellow  so  used  came  from  this  house.  Coroner  Ashbridge  and  Deputy  Coroner  Powers, 
both  of  whom  took  a  very  active  part  in  the  investigation  that  followed  the  report 
of  the  Palmer  and  Diebel  cases  to  the  district  attorney,  visited  sixty-odd  bakers,  of 
which  all  but  one  were  found  to  be  using  this  dye,  and  it  was  ascertained  that  all 
were  supplied  directly  or  indirectly  from  this  house. 

It  was  shown  at  the  inquest  that  chrome  yellow  had  been  kept  on  sale  by  this  firm 
as  bakers'  and  confectioners'  yellow,  in  packages  of  one-quarter,  one-half,  and  1 
pound,  the  latter  being  most  frequently  asked  for,  and  that  no  warning  had  been 
given  to  those  the  clerks  recognized  as  bakers  as  to  the  danger  attending  its  use  as  a 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  51 


food  dye.  It  was  further  shown  that  this  firm  employed  a  salesman  who  regularly 
visited  bakers  to  solicit  orders  for  chrome  yellow,  and  that  most  of  it  disposed  of  in 
this  way  was  marked  "  free  from  arsenic,"  which  the  coroner  inferred  was  an  at- 
tempt to  mislead  purchasers,  and  cause  them  to  believe  the  color  nonpoisonous.  It 
appeared  that  baker  Schmid  attempted  to  purchase  from  this  house  a  harmless  dye, 
styled  "  extract  of  eggs,"  such  as  he  had  employed  in  his  trade  in  Switzerland,  and 
that  he  was  furnished  chrome  yellow,  in  1  and  2  pound  lots,  which  he  subsequently 
introduced  into  his  cake  dough  regardless  of  quantity,  and  that,  being  entirely  una- 
ware of  its  poisonous  properties,  his  wife  and  himself  had  eaten  of  the  dyed  cakes 
and  had  been  made  ill  thereby.  The  thoroughness  of  the  poisoning  in  nearly  all 
of  the  reports  of  Schmid's  victims  indicated  the  recklessness  wdth  which  he  used  the 
dye,  but  the  fact  that  his  wife  and  himself  exhibited  undoubted  symptoms  of 
plumbism  points  to  his  ignorance,  that  it  is  a  poison. 

Commercial  chrome  yellow  is  a  rather  variable  chemical  compound.  It  rarely,  if 
ever,  consists  of  pure  lead  chromate,  but  contains,  as  sold  to  bakers  by  the  drug 
house  before  mentioned,  usually  from  65  to  93  per  cent  of  this  salt,  and  its  chief  diluent 
is  calcium  carbonate  (whiting),  though  lead,  calcium,  and  barium  sulphate  may  also 
be  used.  When  prepared  for  painters'  use,  lead  carbonate  is  often  added  to  render  the 
mass  more  opaque  and  of  a  less  decided  yellow. 

Because  of  the  su^^posed  insolubility  of  lead  chromate  and  the  number  of  cases  I 
had  indiibitably  traced  to  its  use  as  a  cake  dye,.  Dr.  Lefi'mann  recently  undertook 
some  experiments  to  ascertain  the  possible  presence  of  lead  carbonate  as  an  adulter- 
ant, fancying,  naturally,  the  poisoning  might  have  been  due  to  the  latter  more 
soluble  salt.  He  tested  various  samples  of  chrome  yellow  in  the  market  and  some  pro- 
cured from  several  bakers,  including  the  sample  obtained  from  Palmer,  but  was  unable 
to  find  lead  carbonate  in  any  of  them.  He,  however,  ascertained  that  lead  chromate, 
contrary  to  the  generally  received  opinion,  is  freely  soluble  in  very  dilute  solutions 
of  the  ordinary  household  acids,  such  as  citric  and  acetic,  in  very  dilute  hydrochloric 
acid,  and  in  very  dilute  solutions  of  hydrochloric  acid  and  pepsin.  A  brief  considera- 
tion of  this  important  fact  will  explain  the  ease  with  which  poisoning  took  place, 
and  should  not  cause  surprise  at  the  statement  that  there  is  scarcely  a  doubt  that 
many  thousands  of  cases  of  poisoning  have  occurred  in  our  city  through  lead-laden 
cakes  during  the  past  twenty  years,  many  of  which,  it  is  feared,  have  been  unrecog- 
nized by  physicians  and  treated  for  other  ailments.  I  have  recently,  in  my  service  in 
the  out-patient  medical  department  of  the  Jefferson  Medical  College  Hospital,  seen 
not  a  few  cases  of  plumbism,  with  obscure  symptoms,  none  of  which  are  ordinarily 
regarded  as  suggestive  of  poisoning  by  lead,  yet  the  metal  was  found  in  the  urine  of 
a  number  of  these,  and,  placing  them  on  an  antilead  treatment,  they  have  recovered. 
There  is  likewise  a  large  group  with  more  pronounced  and  characteristic  symptoms 
that  I  have  in  most  instances  been  unable  to  trace  to  other  sources  than  dyed  cakes. 
I  have,  however,  refrained  from  placing  any  of  these  cases  on  record,  not  having 
had  the  opportunity  of  making  an  exhaustive  search  for  other  channels  of  poisoning, 
which,  though,  I  believe  I  should  not  have  found. 

COFFEE. 

Green  coloring  matter,  polishing',  burnishing,  water,  and  lactoserine 
(the  Swedish  coffee  bean),  an  almost  exact  imitation  of  the  real  bean, 
even  to  the  crook  in  the  seam. 

Mr.  Barrett  tells  of  a  case  where  green  coffee  was  darkened  by  artifi- 
cial means  to  supply  the  demand  for  a  rich  dark  color.  People  are 
doubtless  often  fooled  in  buying  various  articles  of  food  by  the  color. 
Appearance  has  little  to  do  with  auy  article  in  these  days  of  paint,  dye, 
polish,  and  powder. 


52        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


Toasted  coffee  is  often  steamed  to  increase  the  weight. 

Ground  coffee. — Chickory,  beans,  peas,  corn,  rye,  acorns,  chefus  nuts, 
almond  or  nut  shells,  burnt  sugar,  lower  grade  colfees,  pea  hulls. 

Imitation  coffee. — The  Swedish  "  lactoserine  "  has  gotten  a  strong  hold 
through  the  country. 

The  following  letter  and  accompanying  articles  from  the  Philadelphia 
Times  need  no  explanation  or  comment.  There  is  also  published  here- 
with an  article  from  the  American  Analyst : 

STATE  BOARD  OF  HEALTH. 

Lewisburg,  Pa.,  May  4,  1891. 
Dear  Sir  :  Some  days  ago  I  received  circular  from  your  Department  asking  for  any 
knowledge  I  might  possess  on  tbe  subject  of  food  adulteration.    Since  I  wrote  you 
my  attention  has  been  called  to  two  bad  adulterations. 

(1)  An  imitation  coffee,  concerning  Avhich  I  send  you  recent  clippings  from  the 
Philadelphia  Times. 

(2)  The  use  of  oat  hulls  to  adulterate  ground  horse  feed.  An  imitation  "  chop"  is 
made  using  the  hulls  to  produce  the  appearance  of  oats  in  the  feed. 

This,  and  the  use  of  smut  in  feed,  can,  I  think,  be  stopped. 
Kindly  acknowledge  the  receipt  of  this. 

G.  G.  GOFF. 

Hon.  Secretary  of  Agriculture, 

Washington,  D.  C. 

A  coffee  swindle. 

The  market  flooded  with  perfect  counterftits,  both  green  and  roasted — Big  shipments  from 
the  Brooklyn  agent  of  a  German  firm- -Varieties  among  local  dealers — Hard,  molded 
gritly  pellets,  heavy  inw eight  and  cheap  in  price,  that  are  identical  uiith  the  genuine 
coffee  in  appearance,  hnt  hare  no  taste,  manufactured  for  the  purpose  of  mixing  with 
the  legitimate  article — Ari  imitation  of  green  coffee  heans  that  caused  sickness. 

Counterfeit  coffee  is  the  latest  addition  to  adulterants.  It  is  a  manufactured  beau, 
identical  in  appearance  with  genuine  green  or  roasted  coffee,  and  dealers  in  this  city 
have  recently  been  flooded  with  it.  It  is  almost  impossible  to  detect  the  fraud  with 
the  eye.  It  is  apparently  a  hard-baked  composition,  molded  by  machinery  in  the 
same  manner  as  druggists'  pills, 

It  is  very  hard  and  gritty  and  not  as  easily  broken  as  the  genuine.  Having  little 
or  no  tasteor  odor,  its  sole  mission  is  to  increase  the  bulk  and  weight  of  the  regula- 
tion article,  and  this  it  does  admirably,  its  weight  being  more  than  double  that  of 
the  legitimate  bean. 

This  is  the  bogus  coffee  bean  now  most  widely  used.  It  is  of  German  manufacture, 
and  is  supplied  by  a  Brooklyn  agent.  Other  varieties,  similar  in  appearance  and 
differing  but  slightly  in  composition  and  taste,  are  manufactured  in  this  city  and  in 
New  Jersey. 

•  THE  IMPORTED  COUNTERFEIT. 

Quantities  of  the  imported  coffee  substitute  have  been  sent  to  Philadelphia  dealers 
since  the  first  of  the  year  by  the  Brooklyn  agent,  whose  name  is  M.  Kliemand,  and 
whose  office  is  at  327  Degraw  street.  Mr.  Kliemand,  or  a  representative,  made  sev- 
eral trips  to  this  city,  and  received  orders  for  considerable  amounts  of  his  stuff.  To 
those  who  didn't  order  it  he  sent  generous  samples,  and  few  local  dealers  have  not 
met  with  it.  Its  sales  are  reported  by  the  agents  of  local  wholesale  coffee  dealers 
and  roasters  as  enormous.  As  it  is  supplied  at  only  IL  cents  a  pound,  it  leaves  a  big 
margin  of  profit  to  dealers  who  mix  it  with  the  genuiLe, 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  58 


Dealers  who  have  uot  consented  to  use  tlie  counterfeit  have  been  at  a  loss  as  to 
what  defense  to  make  against  its  encroachments  on  their  trade,  sii)ce  it  is  not  sold 
to  wholesalers  as  coffee,  feut  as  "coffee  substitute,"  dealers  being  left  to  their  own 
discretion  in  the  matter  of  mixing  and  reselling  as  the  genuine  article.  One  dealer 
who  feared  that  it  would  be  a  hopeless  task  to  invoke  the  aid  of  the  law  decided  to 
draw  public  attention  to  the  swindle  by  giving  an  exhibition  of  the  samples. 

THE  PUBLIC  WARNED. 

The  following  notice  is  posted  in  the  window  of  Harkness  &  Dering,  dealers  in 
teas  and  coffees,  at  244  Chestnut  street : 


Beware 

OF 

Counterfeit  Coffee. 
A  luanufactured  bean,  made  to  resemble 
genuine  roasted  coifee  and  generally  sold  to 
consumers,  mixed  with  the  genuine. 


The  window  is  filled  with  samples  of  the  coffee  substitute,"  which  another  sign 
announces  are  not  for  sale,  but  to  be  given  away.  Naturally  enough  there  hasn't 
been  much  request  for  them  even  on  this  basis,  and  the  dealer  has  noticed  that  two 
or  three  persons  who  had  the  hardihood  to  take  a  little  home  to  try  have  not  returned 
for  a  further  supply. 

letter  from  a  substitute  dealer. 

Just  what  is  claimed  for  the  counterfeit  coffee  is  shown  by  the  following  letter 
received  by  the  firm  : 

M.  Kliemand,  Commissioner  and  Representative, 

.327  Degraw  street,  Brool'lyn,  N.  Y.,  January  14,  1890. 
Messrs.  Harkness  &  Dering,  Philadelphia,  Fa.: 

Gentlemen:  I  beg  to  mail. you  a  sample  of  a  coftee  substitute  called  "Kunst 
Kaffee,"  manufactured  by  Messrs.  Erhorn  &  Dierchs,  Hamburg,  who  appointed  me 
general  agent  for  the  United  States. 

Advantages  :  It  is  animating  but  not  exciting,  and  very  nutritious  and  wholesome, 
softening  the  taste  of  the  inferior  coffees  ;  quality  unimpaired  for  twelve  months  and 
longer. 

Roast:  Light,  middle,  and  dark.    (Sample  is  dark.) 

Price  :  Eleven  cents  per  pound,  New  York  net,  per  Pennsylvania  Railroad. 
Packing  :  In  bags  of  75  kz.  (161  pounds). 

I  inclose  the  official  analysis  from  Dr.  Ules,  sworn  trade  chemist,  and  hope  to  fe^ 
ceive  your  kind  order. 
Yours,  very  trnl}^, 

M.  Kliemand. 

The  inclosed  analysis  to  which  Kliemand  referred,  gave  a  list  of  harmless  ingredi- 
ents, including  water,  carbon,  etc.  This,  with  samples  of  ttie  ''coffee  substitute," 
Mr.  Harkness  sent  to  Prof.  Buckhaut,  of  State  College,  in  Center  Countj^,  with  a 
request  that  he  also  should  make  an  analysis.    Prof.  Buckhaut  has  not  yet  reported. 

immense  sale  of  the  bean. 

Mr.  Harkness  said  yesterday:  "The  sale  of  the  counterfeit  beans  in  this  city  is 
tremendous.  I  shouldn't  be  surprised  to  see  a  lot  of  manufactories  starting  up  in 
this  city,  for  there  is  so  big  a  demand  for  the  stuff  that  there  is  a  quick  fortune  in 
making  and  selling  it.    I  have  heard  that  similar  counterfeits  are  made  in  Trenton, 


54 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


and  otlier  places  in  New  Jersey,  although  there  were  some  prosecutions  there  some 
time  n<>-o.  Some  parties  must  have  been  making  the  stuff  in  this  city,  too,  as  there 
are  different  varieties  on  the  market. 

"The  counterfeit  beans  mix  ea.^ly  with  the  genuine,  and  the  price,  11  cents  a 
pound,  leaves  a  big  profit  when  the  higher  classes  of  coffees  are  so  adulterated.  Jnst 
what  proportion  is  generally  used  in  mixing  I  don't  know— one-half  would  probably 
be  too  much.    The  bogus  bean  outweighs  the  genuine  more  than  two  to  one." 

THE  GREEN  BEAN  COUNTERFEITED. 

The  worst  counterfeit  of  the  lot  is  a  beau  made  to  resemble  the  green  coffee.  A 
clerk  in  the  drug  store  of  H.  P.  John,  242  Chestnut  street,  had  a  number  of  the  beans 
in  his  possession  which  he  had  discovered  in  an  uptown  grocery.  The  beans  were 
apparently  a  hard-molded  paste  of  starch  or  flour,  in  which  some  coloring  material 
had  been  used. 

Coffee  Dealer  Harkness,  who  has  also  seen  specimens  of  the  green  counterfeit,  said 
he  had  heard  that  one  of  the  ingredients  was  Paris  green,  and  that  a  family  had  been 
made  very  sick  from  its  use.  Where  it  was  made  was  a  mystery,  but  he  was  in- 
clined to  believe  that  it  was  procured  not  far  from  home,  although  it  might  be  im- 
ported like  the  burnt  samples. — Philadelphia  Times,  April  30,  1891. 

COUNTERFEIT  COFFEE. 

The  imitation  green  and  roasted  deans  that  are  sold — Hou' the  stuff  is  made — Flour  and 
tmter  as  tlie  principal  ingredients—  Machinery  that  turns  out  great  quantities  in  a  short 
time — The  local  imitations  in  the  market. 

Coffee  dealers  yesterday  had  little  else  to  talk  about  than  the  Times'  expos6  of  the 
counterfeit  coffee  swindle.  The  market,  they  said,  was  flooded  with  the  various 
grades  of  beans  made  to  resemble  in  appearance  the  genuine  articles,  both  roasted 
and  green.  Although  most  of  the  counterfeits  have  been  shipped  to  the  city  within 
the  past  few  weeks  by  the  Brooklyn  agent  of  the  Hamburg  coffee  substitute"  man- 
ufacturing concern,  a  good  deal  of  the  stuff  on  the  market  is  of  local  manufacture. 

The  imitation  coffee  bean  now  found  in  this  market  is  harmless  enough,  being  made 
for  the  most  part  of  flour  and  water.  The  beans  are  manufactured  by  machinery, 
■which  has  a  capacity  for  turning  out  immense  quantities  in  a  very  short  time. 

LOCAL  lillTATION  COFFEE. 

Most  of  the  counterfeit  coffee  of  local  manufacture  now  on  the  market  is  said  by 
dealers  to  have  been  made  by  the  Dowling  Manufacturing  Company,  which  had  an 
office  on  Fifteenth  street,  above  Arch.  This  firm  manufactured  coffee  beans  of  flour 
and  water,  green  and  roasted,  and  sold  them  in  packages  labeled  Java  coffee"  in 
large  letters,  with  the  addition  in  very  small  type  of  the  word  "compound."  The 
firm  ceased  doing  business  a  short  time  ago  and  the  office  is  now  occupied  by  a  real 
estate  dealer.  Immense  quantities  of  the  "Java  coffee  compound"  were  distributed 
throughout  the  city  and  New  Jersey  and  are  still  to  be  found  in  the  market.  The 
selling  price  was  7  to  8  cents  a  pound.  An  attempt  was  made  to  form  a  stock  com- 
pany, and  it  was  claimed  that  about  $.150,000  of  capital  had  been  secured. 

North  Dowling,  the  head  of  the  company,  is  now  associated  with  J.  E.  Burns  &  Co., 
spice  dealers  on  Front  street,  above  Chestnut,  in  the  manufacture  of  "process  cof- 
fee." This  is  also  an  imitation  of  the  genuine  coffee  bean  or  berry,  but  it  is  not  sold 
as  the  pure  article  and  the  business  is  legitimately  conducted  and  a  patent  applied 
for.  The  "  process  coffee"  is  composed  of  33  per  cent  of  pure  coffee  mixed  with  rye 
and  bears  the  indorsement  of  Dr.  Genth,  of  this  city.  The  mixture  is  turned  into  the 
bean  shape  by  machinery  made  and  patented  for  the  work. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


55 


"better  than  bav  coffee." 

Mr.  Burns  said  yesterday  that  he  shipped  the  process  coifee  principally  to  the  West 
and  Southwest.  He  sold  great  quantities  of  it  and  considered  it  superior  to  the 
poorer  grades  of  coffee  sold  generally  as  "siftings."  The  Dowliug  Manufacturing 
Company  gave  up  its  business  because  it  didn't  pay  to  make  an  imitation  absolutely 
free  from  coffee.  There  was,  too,  considerable  trouble  over  the  sale  of  the  counter- 
feit in  New  Jersey,  where  the  law  against  adulteration  is  very  strict. 

The  Chestnut  street  firm  that  advertised  '•'Counterfeit  coffee  given  away  in  sam- 
ples" did  a  rushing  business  yesterday.  All  day  people  crowded  the  store  in  order 
to  get  samples  to  take  home,  many  of  them  explaining  that  they  were  anxious  to 
compare  the  bogus  coffee  with  that  they  had  been  buying  and  drinking  as  the  un- 
adulterated article. 

Jobbers  are  anxious  to  check  the  sale  of  the  counterfeits  because  they  are  so  widely 
used  by  dealers  to  mix  with  the  genuine  that  less  of  the  real  article  is  sold  than  would 
otherwise  be  the  case,  but  the  manufacturers,  as  they  do  not  label  their  production  as 
pure  coffee,  can  not  be  proceeded  against. 

HOW  it  is  made, 

"  I  read  the  exposure  of  the  coffee  swindle  in  this  morning's  Times  with  a  great 
deal  of  interest,"  said  a  traveling  salesman  yesterday.  "It  recalled  to  mind  a  recent 
trip  through  the  Southern  States  when  I  met  a  salesman  in  the  coffee  line.  He  let 
me  into  the  secrets  of  the  'line'  and  showed  me  samples  of  his  goods.  The  roasted 
whole  beans  that  he  was  selling  were  similar  to  those  described  in  the  Times,  and  he 
told  me  of  what  they  consisted.  The  exact  formula  I  have  forgotten,  but  I  remember 
that  flour  paste,  hardened  by  hydraulic  pressure,  was  the  basic  component.  The 
machine  which  makes  these  bogus  beans  is  the  invention  of  a  shrewd  Boston  Yankee 
and  is  patented.  It  turns  them  out  by  the  million.  There  is  another  patented  ma- 
chine used  by  the  coffee  adulterants,  which  is  fed  with  a  white  bean  about  the  size 
of  a  coffee  berry.  The  machine  splits  and  grooves  the  beans  and  they  fall  into  a  tub 
of  cold  water,  where  they  are  allowed  to  soak  a  few  minutes.  After  this  they  are 
dumped  into  a  stain,  one  of  the  ingredients  of  which  is  Paris  green.  Finally  they 
are  dried  and  run  through  a  'brush'  machine  which  turns  them  out  so  closely  imi- 
tating genuine  green  coffee  berries  that  only  an  expert  could  detect  the  difterence. 

GKOUND  COFFEE  COUNTBEFEITED. 

"  The  ne  plus  ultra  of  fraud  in  the  '  coffee  line '  was  a  sample  of  '  ground '  that  he 
showed  me.  To  the  smell,  touch,  look,  and  taste  it  was  wonderfully  like  the  genuine 
article,  and  I  told  him  that  the  adulteration  was,  in  my  opinion,  a  better  article  than 
most  of  the  genuine  that  was  sold.  When  he  told  me  what  it  was  made  of  I  marveled 
greatly  at  man's  ingenious  rascality. 

"Another  machine,  also  the  invention  of  the  Boston  coffee  maker,  a  powerful  grind- 
ing mill,  was  used  in  making  this.  The  husks  and  shells  of  cocoanuts,  which  can  be 
had  at  any  of  the  large  confectionery  establishments  at  the  cost  of  carting  them 
away,  were  reduced  to  granules,  and,  without  being  doctored,  looked  very  much  and  felt 
very  much  like  genuine  coffee.  When  soaked  for  several  hours  in  a  solution  made  by 
dissolving  coffee  essence  in  water  the  deception  was  perfect.  After  being  dried  at  a 
slow  heat  no  one  could  tell  the  difference  between  a  sample  of  this  and  a  sample  of 
genuine  Mocha  or  Java." — Philadelphia  Times,  May  1,  1891. 

ARTIFICIAL  COFFEE.— A  SWEDISH  SWINDLE,  WITH  HEADQUARTERS  IN  PHILADELPHIA. 

"  Lactoserin."  What  is  it  ?  It  is  an  imitation  of  coffee — an  excellent  imitation,  too 
— and  it  comes  from  Sweden.  It  looks  like  coffee  and  smells  like  coffee,  but  it  isn't 
coffee,  and  consumers  will,  in  the  future,  do  well  to  look  to  what  they  are  buying, 


5G        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


as  otherwise  they  may  be  made  the  victim  of  a  remnuerative  Swedish  ''joke" — re- 
munerative to  the  gentlemanly  perpetrator  in  Sweden.  The  ditference  between  gen- 
uine coffee  and  its  Swedish  imitation  is  very  pronounced  when  the  test  is  applied — 
the  test  of  taste.  The  imitation  looks  like  the  genuine  article,  but  does  not  taste 
like  it.  As  soon  as  it  is  ciackcd  by  the  teeth  it  resolves  itself  into  small  particles  in 
the  mouth.  With  a  view  to  tiuding  out  something  about  the  imitation,  a  reporter 
for  the  Blade  called  on  Mr.  Woolson,  of  the  Woolson  Spice  Company,  last  evening,  and 
asked  him  regarding  it.  "  We  have  received  several  communications  and  samples  of 
the  '  cotfee,'"  said  he,  "but  have  x^aid  no  attention  to  them.  The  '  imitation  '  ii^,  of 
course,  a  fraud,  i.  c,  so  far  as  it  being  equal  to  genuine  coffee  is  concerned,  and  it 
may  for  a  little  time  interfere  in  some  degree  with  the  legitimate  coffee  trade.  One 
of  our  men  last  week  visited  a  regular  customer,  and  asked,  as  usual,  for  an  order. 
The  dealer  told  him  he  had  bought  coffee  cheaper  elsewhere  and  had  made  more 
money  on  it  than  he  could  on  ours.  Our  agent  wanted  to  see  the  coffee.  After  ex- 
amining the  package  produced,  and  finding  the  contents  to  be  a  mixture,  he  pur- 
chased it,  and  here  it  is."  The  inventor  of  the  "  new  coffee,"  AVilliam  Rehnstrom,  of 
Stockholm,  Sweden,  some  days  ago  wrote  a  letter,  it  is  learned,  to  the  Dowling  Man- 
ufacturing Company,  of  Philadelphia,  in  which  he  says  he  is  glad  his  invention  is 
getting  on  so  well  in  the  United  States,  and  in  which  he  declares  it  to  be  a  merchan- 
dise just  as  good  as  it  is  valuable.  He  adds  that  by  adding  lactosei  iu  to  coffee  "  we 
have  values  in  millions.  The  production  of  coffee  islimited — of  lactoserin  unlimited, 
or  the  less  coflee  add  the  more  lactoserin."  The  Dowling  Manufacturing  Company 
have  a  corner  on  the  new  merchandise,  and  are  flooding  the  country  with  sample 
packages,  and  with  each  package  goes  a  letter  announcing  that  their  long  negotia- 
tions with  the  representatives  of  Mr.  William  Rehnstrom,  of  Stockholm,  Sweden, 
have  been  successfully  concluded,  and  that  henceforth  the  exclusive  use  in  the  United 
States  rests  with  them  for  "  lactoserin  "  for  and  in  combination  with  coffee.  Here 
Mr.  Woolson  emptied  the  contents  of  the  package  on  the  table  and  leveled  the  pile. 
He  then  placed  his  hand  on  it  and  raised  it  quickly.  **  You  see,"  said  he,  with  a 
smile  of  triumph,  "that  the  genuine  coffee  of  the  mixture  will  stick  to  the  jjalm,  the 
imitation  won't  They  can  not  put  the  gloss  on  the  bogus  article  that  beautifies 
the  genuine."  "  Is  the  gloss  put  on  coffee  during  the  process  of  roasting  it  or  after- 
wards?" "Afterwards;  but  to  go  on  about  '  lactoserin,' it  maybe  said  that  it  is 
liable  to  become  a  dangerous  article  in  the  coffee  trade  unless  steps  are  taken  to  reg- 
ulate it.  I  do  not  think  it  can  be  suppressed  at  once,  as  its  inventor,  William  Rehn- 
strom, of  Stockholm,  Sweden,  has  patents  on  it  in  this  country.  The  berry  of  the 
imitation,  you  see,  is  much  heavier  than  the  genuine,  but  it  lacks  the  gloss,  and  the 
crease  is  not  like  that  of  nature's  provluction.  The  imitation  will  be  manufactured 
at  10  cents  per  pound.  A  half  pound  of  coffee  at  25  cents  and  half  of  '  lactoserin" 
at  10  would  make  a  pound  of  mixture  worth  17^  cents.  It  would  sell  readily  at  25 
cents,  as  the  people  know  nothing  of  the  new  article,  and  have  been  paying  27  cents 
a  pound,  and  the  profit  to  the  seller  would  be  9^  cents.  This  is  quite  an  item  when 
it  is  taken  into  consideration  that  there  is  very  little,  if  anything,  made  on  coffee  by 
the  retail  dealer.  The  genuine  article  costs  him  25|,  and  he  grinds  and  sells  it  for  27. 
The  temptation  to  make  something  will  probably  prove  so  strong  that  a  good  deal 
of  '  lactoserin'  will  be  sold.  In  ground  coffee  it  can  not  easily  be  detected,  as  it  has 
the  color  and  odor  of  the  genuine."  "What  do  you  think 'lactoserin  "  is  made  of 
Mr.  Woolson  ?"  "  Probably  musty  flour,  though  I  do  not  know.  If  it  is  made  of 
flour  it  is  not  dangerous,  but  it  can  not  be  determined  what  its  ingredients  are.  It 
may  be  a  kind  of  clay." — Toledo  Blade. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  57 


CIDER. 

This  very  wholesome  and  refreshing  drink  does  not  escape  the 
adulterator's  art. 

Prof.  H.  A.  Weber,  chemist  of  tlie  Ohio  State  University,  reported 
on  these  samples  to  Hon.  F.  A.  Derthick,  dairy  and  food  commissioner 
for  that  State. 

He  states  that  all  of  the  samples  were  branded  jiure  cider.  He  found 
No.  388  sweet,  showing  no  signs  of  fermentation,  but  containing  a  large 
amount  of  salicylic  acid. 

No.  389  was  undergoing  fermentation ;  it,  too,  contained  "  a  large 
amount  of  salicylic  acid." 

No.  390.  Marked,  ''S,  R.  &  J.  C.  Mott's  unfermented  apple  juice.  'Sweet  cider.' 
Bouckville,  Madison  County,  N.Y." 

The  following  was  copied  from  S.  R.  &  J.  C.  Mott's  card,  whicli  accompanied  the 
sample:  "Unfermented  juice  can  not  be  kept  for  a  long  time  without  the  use  of 
powerful  drugs,  which  not  only  ruin  the  flavor,  but  render  it  very  Injurious  to  the 
stomach.  Our  products  are  free  from  any  such  materials,  and  sweet  juice  can  not 
be  indefinitely  guaranteed  against  fermentation." 

This  sample,  when  examined,  was  undergoing  fermentation.  It  contained  a  large 
quantity  of  salicylic  acid. 

Cider  is  also  adulterated  with  acids  and  other  chemicals,  and  dried 
apples  are  used  to  give  taste  and  color  to  the  compound.  This  is  es- 
pecially the  case  when  the  fruit  crop  is  scarce  and  high,  but  it  is  a  well- 
established  fact  that  the  sui^ply  of  cider  never  runs  dry. 

CREAM  OF  TARTAR. 

Sulphate  of  lime,  acid  phosphate  of  lime,  alum,  corn  starch,  flour. 
For  weighting  any  white  material,  such  as  terra  alba,  plaster,  flour, 
starch,  etc, 

Alum  or  tartaric  acid  gives  it  aerating  qualities. 

Pure  cream  of  tartar  should  be  guaranteed  98  per  cent  of  tartrate 
(Connecticut  report). 

The  following  in  regard  to  this  article  is  taken  from  the  1890  ]N"ew 
York  State  Eepori-,  page  ttCG: 

One  hundred  and  fifteen  samples  collected  from  retail  grocery  stores  in  the  city  of 
Albany  exclusively  were  examined,  previous  investigation  having  shown  that  a  pnre 
.nrticle  is  almost  invariably  sold  by  druggists.  The  results  of  the  examination  of 
these  samples  will  be  surprising  to  those  who  are  not  informed  upon  this  subject,  for 
only  30  of  the  samples,  or  26  per  cent  of  the  total  number,  consisted  of  real  and 
unadulterated  cream  of  tartar.  With  the  exception  of  6  samples  rated  as  fair,  in 
which  the  amount  of  adulterants  was  comparatively  small,  the  remaining  85  samples 
were  either  largely  adulterated  or  entirely  fictitious.  Of  this  number,  19,  rated  as 
inferior,  were  adulterated,  either  with  starch,  acid  phosphate  of  lime,  or  sulphate  of 
lime,  in  varying  quantities,  not  less  than  80  per  cent  of  the  adulterant  or  make- weight 
being  present. in  some  instances.  Fifty-eight  of  the  samples  were  entirely  fictitious, 
of  which  number  10  were  chiefly  acid  phosphate  of  lime  (containing  considerable 
sulphate),  23  were  chiefly  acid  phosphate  of  lime  and  starch,  11  were  chiefly  tartaric 
acid  and  sulpliate  of  lime,  and  14  consisted  of  tartaric  acid,  sulphate  of  lime,  and 
starch  ;  2  samples  consisted  of  poor  baking  powder  sold  by  mistake  for  cream  of 


58        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


tartar.  The  sale  of  such  miserable  imitations  lor  real  cream  of  tartar  is  evidently 
without  excuse,  and  as  the  fraudulent  substitute  is  frequently  sold  at  the  price  of  the 
genuine,  with  perhaps  less  than  a  quarter  aud  seldom  more  than  half  of  its  strength, 
it  is  evident  that  the  purchaser  is  both  deceived  aud  defrauded.  These  substitutes 
are  to  be  coudemned,  also,  as  being,  in  all  probability,  less  wholesome  than  the  article 
they  replace. 

Of  12  samples  analyzed  by  the  Connecticut  authorities,  8  were  adulter- 
ated. 

COPPER. 

A  dangerous  poison  when  used  by  inexperienced  or  careless  people, 
in  Connecticut  lieport,  p.  307,  is  found  : 

Even  if  the  copper  is  in  a  jjoisonous  form,  of  course  the  quantity  present  is  not  suffi- 
cient to  produce  immediate  symptoms  of  poisoning,  but  the  continued  use  of  food  con- 
taining small  quantities  of  such  a  poison  is  quite  probably  injurious  to  health,  espe- 
cially as  some  people  are  affected  by  extremely  slight  doses.  Sulphate  of  copper 
ought  not  certainly  to  find  a  place  in  an  establishment  where  foods  are  being  pre- 
pared. Although  small  quantities  are  intentionally  used,  the  consumer,  knowing 
from  experience,  how  liable  cooks  are  to  oversalt  their  dishes,  can  not  but  tliinkof 
what  would  be  the  consequence  if,  through  some  blunder,  a  poisonous  dose  had  been 
added. 

Blyth,  the  English  analyst,  says  on  this  point : 

Since  coppered  peas  must  either  (1)  have  a  toxic  action  if  the  copper  is  in  a  soluble 
form,  or  (2)  if  the  copper  is  insoluble  the  pea  must  be  deprived  of  some  of  its  nutria 
five  properties,  the  analyst  need  have  no  hesitation  in  certifying  that  pease  made 
green  with  copper  are  adulterated  under  the  sale  of  food  aud  drug  act. 

CANNED  GOODS. 

Sulphate  of  copper  is  used  to  give  a  green  color.  Meat  damaged  in 
the  process  of  canning. 

An  examination  by  the  Connecticut  authorities  showed  in  nine  samples 
of  French  peas,  one  sample  string  beans,  and  one  of  mixed  vegetables, 
that  all  contained  copper. 

CAYENNE  PEPPER. 

Red  lead,  ground  rice,  flour,  salt,  cracker  dust,  Indian  meal,  ship  bis- 
cuit, ''P.  D.,"  and  other  like  articles. 

COCOA  AND  CHOCOLATE. 

Oxide  of  iron  and  other  coloring  matter,  starch,  flour,  sugar,  animal 
fats,  and  caromel. 

CONFECTIONERY. 

The  principal  articles  used  are  glucose,  terra  alba,  arsenic,  sulphate 
of  copper,  prussic  acid,  tartaric  acid,  fusil  oil,  analyne  dyes,  chrome  yel- 
low. 

Several  alleged  cases  of  i)oisouiiig  b^^  confectionery  in  Massachusetts 
resulted  upon  examination  in  failure  to  find  tlie  alleged  poison.  The 
cause  of  illness  is  believed  to  have  resulted  more  from  the  quantity  con- 
sumed than  from  the  quality. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


59 


CLOVES. 

Arrowroot. 

CINNAMON. 

Spent  bark. 

FLOUR. 

Not  generally  adulterated,  but  few  cases  reported.  Damaged  pease, 
ground  rice,  corn  meal.  It  is  sold  m usty  and  often  contains  smut.  Alum 
is  sometimes  put  in  some  brands  to  give  whiteness. 

aEEENING. 

This  species  of  deception  is  dangerous  and  consists  of  using  care- 
lessly or  wilfully  copper  salts  copper  coins,  and  vessels,  to  give  a  green 
color  to  preserves  or  pickles. 

OINGER. 

Turmeric,  cayenne  pepper,  mnstard,  inferior  and  refuse  ginger. 

GLUCOSE.* 

This  article  is  nsed  to  adulterate  very  extensively  the  following  arti- 
cles: Sugar,  cane  and  maple  sirups,  molasses,  honey,  jellies,  jams,  con- 
fectionery, beer,  vinegar,  liquors,  wines.  Bakers  use  it  for  cakes,  cooks 
for  sauces  ;  it  is  also  used  in  tobacco. 

Dr.  Battershall,  of  New  York,  in  his  Food  Adulteration  and  its  De- 
tection, says,  on  page  138 : 

The  question  of  the  sanitary  eiiects  of  the  nse  of  artificial  glucose  as  an  adul- 
terant of  sugar  and  sirups,  and  as  a  substitute  for  malted  grain  in  the  manufacture 
of  beer,  has  given  rise  to  extensive  controversy.  In  this  regard  one  fact  seems  to 
have  been  demonstrated.  Glucose,  as  it  is  now  found  in  the  market,  is  free  from  any 
appreciable  amount  of  deleterious  contamination.  The  discovery  of  its  artificial 
production  has  given  birth  to  a  very  important  branch  of  iudustry,  and,  according  to 
all  available  reports,  the  commercial  product  at  present  met  with  is  for  many  pur- 
poses an  economical  and  harmless  substitute  for  cane  sugar,  the  chief  objection  to  its 
application  being  the  fact  that  it  possesses  considerably  less  sweetening  power. 

The  Massachusetts  board  of  health,  as  quoted  from  the  New  York 
American  Analyst,  February  15, 1886,  has  some  very  sensible  comments 
on  this  glucose  question,  calculated  to  dispose  of  popular  fallacies  re- 
garding its  supposed  dangerous  qualities.  When  properly  and  care 
fully  manufactured  it  regards  it  as  a  wholesome  food,  deficient,  however, 
in  sweetening  power;  but  a  dangerous  article  to  be  taken  into  the  sys- 
tem when  carelessly  prepared.  The  question,  then,  turns  upon  its  moiie 
of  preparation.  Glucose  is  usually  made  from  the  starch  of  corn  by 
boiling  it  with  dilute  sulphuric  acid,  a  process  first  discovered  by  Prof. 


*  When  there  is  an  excess  of  oil  vitriol  and  lime  it  is  dangerous. 


60         EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


Kircoff,  a  Russian  chemist,  in  1811,  aud  largely  practiced  in  Austria 
and  Germany  siDce  that  time;  but  only  within  a  comparatively  recent 
period  introduced  into  this  country.  The  process  is  thus  described  by  the 
Massachusetts  board  of  health: 

The  starcli  is  first  obtained  in  a  pure  condition  from  the  corn,  tLeu  mixed  with  water, 
aud  the  mixture  is  heated  to  boiling.  Sulphuric  acid  is  added  to  the  extent  of  about  2 
per  cent.,  aud  it  is  tlien  boiled  about  three  hours.  The  starch  is  by  this  time  con- 
verted to  sugar  and  dextrine,  both  of  which  are  in  solution.  The  free  acid  is  then 
got  rid  of  by  the  addition  of  chalk  or  marble  dust,  which,  with  the  acid  forms  calcic 
sulphate,  which  settles  to  the  bottom  and  leaves  a  clear,  supernatant  linid,  which 
yields  glucose  aud  dextrine.  Should  all  of  the  acid  not  be  removed  or  should  the 
calcic  sulphate  be  in  any  amount  retained,  it  is  evident  that  the  product  would  not 
be  entirely  harmless,  since  disturbances  of  the  digestion  might  follow  its  use.  More- 
over, the  contaminations  which  are  ordinarily  present  in  commercial  sulphuric  acid 
will  of  course  be  present  with  the  acid,  aud  Johnston  claims  that  such  beer  is  defi- 
cient in  the  aromatic  principle  found  in  the  skin  of  the  grain. — [New  York  State  Re- 
port, p.  415. 

The  following  is  taken  from  N"ew  York  State  report  for  1890,  pp.  79-82. 

The  National  Academy  of  Sciences  at  the  request  of  the  Commissioner  of  Internal 
Revenue,  made  a  report  on  the  composition,  nature  and  properties,"  of  glucose,  from 
which  I  will  extract  as  follows  : 

The  starch  sugar  of  commerce  consists  cheilly  of  dextrose,  with  varying  quantities 
of  another  kind  of  sugar  called  maltose,  and  often  more  or  less  of  dextrine  or  starch 
gnm.  Dextrose  was  first  recognized  as  a  peculiar  variety  of  sugar,  differing  from 
cane  sugar,  by  Lowitz,  in  1792.  It  is  generally  known  in  chemical  works  as  dextrose 
or  dextro-glucose,  but  is  also  called  glucose,  glycose,  grape  sugar,  starch  sugar,  po- 
tato sugar,  etc.  It  is  produced  from  starch  by  the  action  of  dilute  acids.  In  France 
and  Germany  potato  starch  constitute,  the  only  available  material  for  the  manufac- 
ture of  this  sugar,  but  in  the  United  States  the  starch  of  Indian  corn  or  maize  is  in- 
variably employed.  The  process  consists,  first,  in  extracting  the  starch  from  the  corn 
in  a  state  of  sufficient  purity,  then  transforming  this  into  sugar  by  treatment  with 
dilute  acid,  and  subsequently  neutralizing  the  acid,  purifying  aud  then  concentrating 
the  product. 

The  variety  in  which  the  conversion  is  the  least  complete  is  called  glucose,"  and 
remains  liquid.  That  in  which  it  is  more  complete,  and  which  becomes  solid,  is 
called  grape  "sugar."  Starch  sugar  appears  in  commerce  in  a  variety  of  grades, 
under  the  following  names  : 


This  industry  sprang  into  existence  during  the  continental  blockade  under  Napoleon 
I,  after  which  it  disappeared  for  some  years.  It  has  gradually  revived,  and  is  now  an 
established  industry  both  in  continental  Europe  and  in  the  United  States.  The 
irregularity  of  demand  for  the  product  depends  largely  upon  the  comparative  price 
of  corn,  and  of  molasses  and  cane  sugar.  At  the  time  of  the  last  census  the  capacity 
of  the  factories  in  the  United  States  was  estimated  at  43,000  bushels  of  corn  per  day. 


The  liquid  varieties. 


Glucose. 
Mixing  glucose. 
Mixing  sirup. 


Corn  sirup. 
Jelly  glucose. 

Confectioners'  crystal  glucose. 


The  solid  varieties. 


Solid  grape  sugar. 
Clipped  grape  sugar. 
Granulated  grape  sugar. 


Powdered  grape  sugar. 
Confectioners'  sugar. 
Brewers'  grape  sugar. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  61 


Payeu,  iu  1855,  estimated  tlio  Freuch  production  iVom  potato  starch  at  5,500  tons  per 
year;  and  Wagner,  in  1874,  estimated  that  of  the  German  Empire  at  19,800  tons  of 
sirup  and  27,500  tons  of  sugar  per  year. 

The  committee  reported  the  following  conclusions : 

(1)  That  the  manufacture  of  sugar  from  starch  is  a  loug-established  industry, 
scientifically  valuable  and  commercially  important. 

(2)  That  the  processes  which  it  employs  at  the  presen  time  are  uuohjectiouahle  in 
their  character,  and  leave  the  products  uncontaminated. 

(3)  That  the  starch  sugar  thus  made  and  sent  into  commerce  is  of  exceptional 
purity  and  uniformity  of  composition,  and  contains  no  injurious  substances. 

(4)  Though  haviug  at  best  only  about  three-fifths  the  sweetening  power  of  cane 
sugar,  yet  starch  sugar  is  iu  no  way  inferior  to  cane  sugar  in  healthfulness,  there 
beiug  no  eviden<  e  before  the  committee  that  maize-starch  sugar,  either  iu  its  normal 
condition  or  fermented,  has  any  deleterious  effect  upon  the  system,  even  when  taken 
in  large  quantit'es. 

HORSE-RADISH. 

Turnips. 

HONEY. 

Glucose,  sugar  sirups,  molasses,  and  raw  sugar. 

Of  five  samples  examined  in  Connecticut  all  were  adulterated. 

Bees  are  often  fed  sugar  and  glucose  sugar  by  raisers,  so  as  to  in- 
crease the  quantity  of  honey.  Whether  this  is  an  adulteration  the 
reader  can  determine  for  himself. 

It  has  been  stated  that  paraflfine  combs  have  been  supplied  the  bees, 
so  as  to  lessen  their  labors  and  increase  the  supply. 

It  has  been  learned  from  a  gentleman  that  some  samples  were  sold 
in  Baltimore  some  years  ago  of  comb  honey,  all  of  which  was  artificial. 
No  trace  has  been  secured  or  a  sample  obtained. 

JAMS  AND  JELLIES. 

Glucose,  gelatin;  coloring  matter  principally  dyes,  preservatives; 
gelatin  apple  jelly,  artificial  essences. 

ISINGLASS. 

Gelatin. 

ICE  CREAM. 

Aniline  and  other  coloring  ;  for  flavoring,  essence  of  bitter  almond. 

LARD. 

Cotton  oil,  beef  and  sheep  stearin,  caustic  lime,  and  alum  water  (often 
as  high  as  20  to  35  per  cent),  and  alkalies.  For  i'nll  report  of  lard  and 
its  adulterants  see  Dr.  Wiley's  report,  Bulletin  13,  Part  iv,  IJ.  S.  De- 
partment of  Agriculture,  and  reports  of  investigation  by  the  Fiftieth 
and  Fifty  first  Congresses,  i^o  one  article  has  probably  been  more 
CO n  s p  i c uo u  s  1  y  ad  u  1 1 er at ed . 


62         EXTENT  AND  CHAEACTER  OF  FOOD  ADULTERATIONS. 

MUSTARD. 

Ground  yellow  cakes,  flour,  cayenne,  chrome*  yellow,  Martin's  yel- 
low,* gypsum,!  turmeric,!  mustard  cake  colored  with  turmeric;  diluted 
with  starch,  wheat  and  rice  flour  ;  weighted  with  terra  alba.t 

Of  nineteen  samples  examined  in  Connecticut  seventeen  were  adul- 
terated. 

MACARONI. 

Saffron,  turmeric,!  and  Martin's  yellow.* 

MOLASSES. 

Glucose,  sirups,  tin  salts.* 

In  Connecticut,  of  twenty-two  samples  examined  nine  contained  glu- 
cose and  salts  of  tin.  An  examination  shortly  afterwards  showed  all  to 
be  pure  (fifteen  sami^les).  But  in  1888  and  1889,  of  forty-two  examina- 
tions made  nineteen  were  fraudulent. 

MEATS. 

Diseased  meats  of  all  kinds  are  liable  to  transmit  disease  to  the 
person  eating,  but  so  far  as  national  legislation  can  well  regulate  this 
matter  it  is  done  by  the  meat  inspection  law  passed  by  the  Fifty-first 
Congress. 

MILK. 

The  question  of  meat  inspection  has  been  acted  on  by  Congress 
since  my  last  report,  both  foreign  and  interstate,  which,  taken  in  con- 
nection with  the  oleomargarine  law,  pretty  well  covers  the  entire  ques- 
tion, except  as  to 

mLK  AND  CHEESE. 

The  various  local  laws  regarding  milk  have  created  great  improve- 
ment in  the  quality  of  the  milk  sold,  as  proven  by  inspection,  and  that 
it  has  done  good  is  shown  by  the  decreased  death  rate  of  infants  in  sev- 
eral of  the  larger  cities  where  the  inspection  has  been  most  thoroughly 
attended  to. 

The  adulteration  of  milk,  however,  is  a  question  that  needs  special 
and  careful  attention,  as  it  is  not  only  one  of  the  most  important  arti- 
cles of  diet,  but  is  undoubtedly  the  most  susceptible  of  being  contami- 
nated by  absorption  of  impurities  from  its  surroundings,  as  well  as  being 
easily  injured  by  the  food  given  the  cow,  its  i^urity  depending  largely 
upon  what  she  eats  and  the  water  she  drinks.  The  health  of  the  ani- 
mal is  also  another  important  question,  as  it  is  a  well  recognized  fact 
that  tuberculosis  in  the  cow  engenders  it  in  the  human  system  that  uses 
the  milk.  As  milk  is  largely  an  article  of  interstate  trade  and  one  upon 
which  so  much  depends,  it  comes  clearly  within  the  j)rovince  of  the 


*  Poisonous. 


t  Injurious. 


EXTENT  AND  CHAEACTER  OF  FOOD  ADULTERATIONS.  63 


Government  to  regnlate  the  conditions  of  shipment  and  provide  for  its 
careful  inspection  botli  of  the  commodity  and  the  animal  from  which  it 
is  taken. 

The  use  of  milk  may  be  estimated  by  the  following  figures,  which 
show  the  supply  for  13  cities  ;  population,  4,746,150  :  Amount  of  milk 
used,  480,000,000  quarts;  wholesale  price,  $19,260,000;  retail  price, 
$32,000,000, 

Milk  that  contains  less  than  12  per  cent  of  solids  and  more  than  88 
per  cent  of  water  is  not  good  or  wholesome. 
The  standard  for  milk  by  ^Tew  York  regulation  is  fixed  at — 

Fat   2.0 

Solids  not  fat.....    9.0 

Total  solids  11.5 

AVater....   88.5 

The  great  importance  of  milk  as  an  article  of  food  ;  its  rapid  deterioration  upon 
exposure  to  the  air,  especially  at  high  temperatures  ;  its  liahility  to  convey  the  mate- 
rial of  infection,  make  it  imperative  that  its  production  and  its  sale  should  be  con- 
ducted under  the  most  careful  supervision. — [Mass.  Report,  18S9,  p.  91. 

Prof.  S.  P.  Sharpless,  of  Boston,  says: 

The  milk  law  has  probably  been  better  and  more  fully  enforced  in  this  city  than 
any  other  in  the  United  States,  not  as  a  spasmodic  effort,  as  in  some  other  cities,  but 
as  a  regular,  constant  business. 

The  Massachusetts  report  of  1874,  page  476,  shows  the  following  adul- 
terants :  Water,  flour,  salt,  sheeps'  brains,  gum  arable,  annetto,  caramel. 
Dr.  Chancellor,  of  Maryland,  on  page  32  of  his  report  for  1888,  says: 

When  we  remember  that  50,000  disease  germs  will  thrive  in  the  circumference  of  a 
jjin  head,  we  may  form  some  idea  of  the  great  danger  to  health  that  arises  from 
milk  pollution. 

The  Massachusetts  board  inspected  in  1889  1,955  samples,  of  which 
1,108  were  above  the  standard  and  847  below.  The  percentage  was 
43.32  of  an  inferior  quality.  Tweutj^-five  samples  were  skimmed  and  34 
colored. 

The  same  report  states  that  the  milk  of  601  animals  was  examined 
and  the  average  total  solids  was  13.26.  The  average  in  1888  was  lower 
than  in  18S4-'85,  and  is  explained  by  two  reasons,  neither  of  which  the 
producer  or  dealer  is  responsible  for,  viz  :  An  increase  of  rainfall  in  the 
months  of  September  and  October,  when  the  samples  were  collected,  was 
greater  than  for  ten  years  previous.  The  report  does  not  claim  this  to 
be  a  settled  question,  however.  The  other  reason  assigned  is  the  intro- 
duction of  Holstein  cows,  "  whose  milk  is  usually  found  to  be  below 
the  legal  standard  of  pure  milk." 

The  following  is  taken  from  the  report  of  Dr.  C.  W.  Chancellor,  secre- 
tary of  the  State  board  of  health  of  Maryland  : 

But  the  worst  effect  of  adulterated  milk  is  to  be  found  among  young  children,  who 
feed  so  largely  on  milk,  for  not  more  than  one  mother  in  six  is  able  to  nourish  her  infant 
from  her  breast  for  one  year.    In  1868  the  deaths  from  cholera  infantum  in  Boston, 


64        EXTENT  AND  CHAEACTER  OF  FOOD  ADULTERATIOXS. 


Mass..  amounted  to  A^7,  while  in  au  equal  population  outside  of  the  city  the  deaths 
from  the  same  cause  during  the  same  time  were  only  100.  It  \Yas  found  that  not  more 
than  .5  per  cent  of  the  milk  sold  in  Satfolk  Tras  unadulterated.  In  New  York,  after  the 
milk  inspectors  hegan  their  Avork.  the  infant  mortality  was  3,673  less  in  1SS3  than  in 
l--^^.  when  tJiere  was  no  insiDection.  Ii:  Boston  the  milk  inspection  begun  in  18>3, 
and  in  that  year  there  was  an  apparent  lessening  of  deaths  among  children  underfive 
years  of  age  fi'om  cholera  infantum.  In  Baltimore,  during  the  year  I'^Sb,  there  were 
upwards  of  3.0C0  deaths  of  children  uud,.er  fire  years  of  age,  and  of  this  number  it  is 
fair  to  assume  that  one-sixth,  or  500,  were  directly  attributable  to  an  inferior  milk  sup- 
ply, and  doubtless  -jCO  of  these  could  have  been  saved  by  an  improved  quality  of  milk. 
We  can  not  replace  milk  with  any  other  diet,  and  therefore  the  failure  of  the  milk 
supply  would  in  some  respects  be  more  disastrous  than  the  failure  of  the  wheat 
supply. 

Prof.  Babcock.  who  was  the  official  analyst  of  Boston^  a  few  years  ago  obtained 
samples  of  milk  from  some  of  the  most  respectable  nnlkmen  and  grocers  in  the  city, 
which  were  all  sold  as  pure  milk,  and  at  the  highest  prices,  and  his  examination  of 
these  samples  goes  to  couiirm  the  lacr.  which  some  milkmen  themselves  do  not  hesitate 
to  admit,  that  in  conducting  the  milk  trade  of  our  large  cities  adulteration  is  the  rule. 
Nor  is  the  evil  uum'xed.  Much  of  the  water  of  adulteration  is  derived  from  country 
wells  and  springs,  added  by  persons  in  agricultural  districts  where  typhoid  fever 
may  be  rife.  Eecent  investigations,  conducted  in  the  most  thorough  and  searching 
manner  by  experts,  have  established  the  fact  that  epidemics  of  tyx)hoid  fever  and  of 
other  infective  diseases,  such  as  scarlet  fever,  maybe  produced  by  infected  milk,  and 
this  being  the  case,  we  can  not  but  view  with  distrust  and  alarm  this  importation 
of  country  well  water  mingled  with  the  milk  we  drink — [Maryland  Report,  18SS, 
p.  31. 

In  the  report  of  the  Massacliusetts  board  for  1876  Dr.  Bowditcli 
states  tliat  tyidioid  fever  inav  be  produced  by  usiL^^"  milk  polluted 
Avitli  water,  and  iu  the  report  for  1S77,  p.  122,  the  same  doctrine  is  il- 
lustrated by  Prof.  AVilliam  Eiply  ZS^ichois  in  his  article  ou  the  pollu- 
tion of  streams,  etc.,  in  which,  among  other  things,  he  treats  of  watered 
milk. 

In  the  report  of  the  same  board  for  1S78.  p.  325,  it  is  stated  that  scar- 
let fever  germs  are  also  carried  in  milk,  and  may  be  thus  propagated. 
When  we  remember  that  oO.OOn  disease  germs  will  thrive  in  the  cir- 
cumferauce  of  a  pin  head,  we  may  furm  some  idea  of  the  great  danger 
to  health  that  arises  from  milk  pollatioii. 

EFFECT  OF  MILK  OX  INFANT  LIFE. 

The  following  is  taken  from  the  report  of  Dr.  Townsend,  health  offi- 
cer of  the  District  of  Columbia  : 

Although  the  white  population  is  estimated  as  being  twice  that  of  the  colored,  yet 
it  will  be  seen  that  the  deaths  of  the  colored  infants  exceed  the  white  by  200.  This 
material  dilference  in  the  death  rate  may  be  charged,  to  a  great  extent,  to  the  loca- 
tion of  the  colored  people  in  alleys  and  unhealthy  parts  of  the  city,  and  in  their  un- 
sanitary surroundings;  while  there  is  no  doubt  but  that  a  very  large  proportion  of 
these  children  die  in  consec[uence  of  being  fed  improper  and  unhealthy  food,  especially 
cheap  and  badly-prepared  condensed  milk,  and  cow's  milk  which  has  been  allowed 
to  stand  to  the  point  of  acidity  after  having  been  kept  in  vessels  badly  or  uuskillfully 
cleaned.  It  is  a  well-known  fact  that  infant  mortality  in  the  country  is  much  less 
than  that  in  the  cities.  This  difference  can  not  be  wholly  attributed  to  the  unsani- 
tary conditions  of  the  city.    Much  of  it  can  be  laid  to  the  unnatural  custom  of  urban 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  65 


mothers  in  depriving  their  offspring  of  the  food  nature  lias  prepared.  It  is  now  a 
well-established  fact  that  no  artificial  food  has  as  yet  been  manufactured  which  will 
convey  the  same  amount  of  nutriment  to  the  child,  without  causing  functional  de- 
rangement, as  mother's  milk. 

Mr.  Charles  O.  Flagg,  presideut  of  the  Ehode  Island  State  Agricul- 
tural School,  sends  the  following  from  the  Providence  Evening  Bulletin 
of  March  20: 

ADULTERATION  OF  MILK. 

The  following  communication  was  received  by  the  city  council : 
From  the  inspector  of  milk  to  the  honorable  the  Mayor  and  Board  of  Aldermen  : 

I  most  respectfully  beg  to  draw  your  attention  to  the  requirements  of  my  office. 

In  entering  upon  my  duties  I  find  that  adulteration  is  practiced  very  extensively 
and  openly  ;  the  examination  by  the  State  board  of  health  proved  72  per  cent  of  pur- 
chased samples  to  be  adulterated,  and  my  own  experience  thus  far  fully  corroborates 
this  condition  of  the  milk  sold  in  Providence.  I  estimate  that  there  are  fully  75,000 
quarts  of  milk  sold  daily  in  this  city.  At  6  cents  per  quart  this  represents  a  value  of 
$4,500  per  day,  or  |1, 500,000  per  annum. 

On  the  14th  instant  I  spent  the  time  from  2  a.m.  to  7:30  a.  m.  inspecting  milk 
among  the  peddlers,  and  have  analyzed  twenty  of  the  samples  taken,  finding  eighteen 
adulterated.  The  forms  of  adulteration  are  skimming,  adding  water,  coloring,  and 
in  some  cases  substances  to  conceal  watering,  also  preservatives  to  keep  the  milk 
from  souring.  The  last  additions  are  acknowledged  by  physicians  to  be  injurious  to 
the  health,  especially  when  taken  daily  by  children  and  invalids. 

I  am  of  the  opinion  that  not  less  than  10  per  cent  of  the  fluid  sold  as  milk  is  adult- 
eration; matter  foreign  to  pure  milk ;  this  represents  $450  per  day,  or  $165,000  per 
annum,  for  added  water  and  the  like,  which  the  people  of  Providence  are  paying 
to-day. 

It  at  first  seems  that  active  work  for  a  short  time  followed  by  prosecution  might 
stop  this  fraud,  but  the  experience  of  Boston  shows  that  only  constant  vigilance  v/ill 
insure  the  offering  for  sale  of  milk  of  standard  quality. 
'     During  the  past  week  I  visited  the  inspector  of  milk  of  Boston  and  examined  the 
system  so  successfully  in  operation  there. 

The  city  has  furnished  a  laboratory  in  one  of  its  buildings.  The  working  force 
consists  of :  Inspector,  salary,  $3,000;  assistant  chemist,  salary,  $1,800  ;  clerk,  salary, 
$1,500;  three  collectors,  at  $3  per  day  each. 

During  the  year  1889  the  entire  expenses  of  the  office  were  $9,478.20. 

The  income  from  license  fees  was  $604,  from  fines  $7,480  ;  total,  $8,084,  making  the 
net  cost  of  the  office  to  the  city  $1,394.20. 

To  fully  cope  with  the  present  condition  of  milk  adulteration  in  our  city  will  re- 
quire systematic  and  thorough  inspection  ;  so  complete  that  every  dealer  in  milk, 
whether  peddler  or  storekeeper,  will  feel  that  he  is  likely  to  have  his  stock  inspected 
at  any  moment  and  on  any  day  including  Sundays. 

No  reliable  tests  of  milk,  except  in  case  of  considerable  adulteration  by  water  and 
skimming,  can  be  made  on  the  premises  where  the  milk  is  sold  or  the  wagon  from 
which  it  is  delivered.  Such  tests  can  only  be  properly  made  in  a  laboratory  provided 
with  suitable  facilities  for  chemical  analysis.  This  involves  the  collection  of  samples 
and  their  removal  to  the  laboratory  for  examination.  Therefore  to  carry  out  the 
intentions  of  the  law  and  to  provide  pure  milk  for  the  citizens  of  Providence  will  re- 
quire a  much  larger  appropriation,  and  I  respectfully  request  that  a  committee  be 
appointed  to  examine  into  the  matter. 
Yours  respectfuUj'^, 

G?;ORGE  E.  Pehkins, 

Inspector. 

19150— No,  32  5 


66         EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


Aldermau  Harris  introduced  the  follovring  resolution  : 

Resolved,  That  Aldermen  ,  together  with  such  as  the  common  council  may 

add,  be,  and  they  are  hereby,  appointed  a  joint  special  committee  to  examine  into 
the  matter  of  the  adulteration  of  milk,  as  reported  by  the  inspector  of  milk  in  his 
communication,  this  day  presented  to  the  board  of  aldermen,  with  authority  to  report 
to  either  branch  of  the  city  council. 

The  resolution  passed  and  Mayor  Smith  appointed  from  the  board  Aldermen  Harris, 
West,  and  Dyer  as  the  committee  on  examination, 

MILK  PRESERVATIVES. 

The  Connecticut  report  sa^  s : 

The  use  of  preserving  chemicals  is  highly  objectionable  for  two  reasons  : 

(1)  Because  the  continued  use  of  boraic  acid,  borax,  and  salicylic  acid,  the  princi- 
pal substances  used  for  this  purpose,  is  considered  by  physiologists  of  the  highest  au- 
thority injurious  to  health. 

(2)  When  such  preservatives  are  used  there  is  a  strong  temptation  to  neglect  in  the 
dairy  that  cleanliness  which  otherwise  is  so  essential  for  the  proper  preservation  of 
milk. 

Although  large  quantities  of  milk  preservatives  are  sold  in  various  iJarts  of  the  coun- 
try no  evidence  can  here  be  presented  regarding  their  use  in  Connecticut  since  the  work 
of  collecting  and  testing  milk  was  carried  on  the  latter  jiart  of  autumn,  when  pre- 
servatives are  not  so  much  needed  and  are  j)robably  not  used.  During  the  summer, 
especially,  when  ic-e  is  scarce,  there  is  an  incentive  to  the  use  of  preservatives,  since, 
w^here  they  are  used,  ice  can  be  dispensed  with.  In  a  circular  recently  sent  out  by 
the  manufacturers  of  awell-known  milk  preservative  the  following  statements  appears  : 
"AYe  know  that  many  unscrupulous  persons  have  recommended  such  chemicals  as 
salicylic  acid,  borax,  boracic  acid,  and  benzoic  acid  as  proper  articles  to  preserve 
milk,  but  a  little  investigation  will  show  these,  by  reason  of  their  action  on  the  hu- 
man system  and  the  health  of  people,  to  be  uniit  for  use,  and,  in  fact,  quite  injurious." 
Since  the  preparation  which  this  philanthropic  company  otiers  for  sale  consists,  ac- 
cording to  analyses  by  reliable  chemists,  largely  of  boracic  acid,  the  public,  in  the 
light  of  this  quotation,  can  decide  as  to  the  advisability  of  its  use. 

MILK  FROM  DISEASED  COWS. 

The  use  for  human  food  of  milk  from  diseased  cows  is  not  only  a  disgusting  but  a 
dangerous  practice.  It  is  well  known  that  many  serious  or  even  fatal  cases  of 
illness  among  children  may  be  traced  to  the  sickness  of  the  cows  on  whose  milk 
they  were  fed. 

We  have  a  law  forbidding  the  sale  of  milk  from  cows  affected  with  tuberculosis 
or  other  blood  disease  ;  "  but  until  we  have  an  official  inspection  of  milk  farms,  this 
law  will  be  of  little  value  in  protecting  the  public  against  milk  of  such  a  dangerous 
character. 

NOODLES  (FOE  SOUP). 

Chrome  yellow  *  to  color. 

OLIYE  OIL. 

Cotton  seed,  peanut,  cocoa,  and  other  vegetable  oils. 


*  Poisonous. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


67 


The  following  from  the  American  Analyst  is  of  such  an  interesting 
character,  in  connection  with  oil  adulterations  and  the  question  gener- 
ally, that  1  reproduce  it : 

OLIVE  OIL  FRAUDS. — THE  IMPORTED  ARTICLE  MADE  OF  PEANUTS  AND  SEEDS. 

lu  a  recent  issue  of  the  San  Francisco  Argonaut  a  letter  wg.s  published  from  a  gen- 
tleman of  that  city,  who,  after  graduating  from  the  University  of  California,  went  to 
Europe  for  several  years  to  study  all  that  relates  to  the  culture  of  the  vine  and  the 
olive  tree,  and  the  making  and  treatment  of  wine  and  oil,  and  has  been  in  France  and 
Italy  for  several  years.  In  view  of  the  growth  of  those  industries  in  California,  the 
following  extract  may  interest  some  of  our  readers : 

"  MONTPELLIER,  FRANCE,  A;pril,  1891. 

One  hears  so  much  of  the  adulteration  of  almost  all  articles  of  daily  consumxition, 
that  a  few  words  about  what  I  saw  in  this  Ikie  may  be  of  interest.  While  at  Mar- 
seilles I  visited  the  magnificent  docks  and  saw  thousands  of  tons  of  peanuts  and  other 
grains  from  which  oil  is  made.  Great  iron  steamers  were  unloading  heavy  cargoes  of 
these  grains.  Most  of  it  came  from  Africa  or  Asia,  where  slave  labor  makes  their 
production  very  cheap.  The  next  day  I  visited  some  of  the  large  oil  mills  in  the  out- 
skirts of  Marseilles.  Here  I  saw  these  peanuts,  cotton  seeds,  colza,  sesame,  etc., 
ground  up  and  pressed.  It  was  an  interesting  sight  I  assure  you,  but  apart  from  the 
line  machinery^  in  use,  the  names  on  the  barrels  of  oil  were  of  great  wonder  to  me. 
Afterward  at  Nice,  the  most  important  oil  center  in  the  world,  1  found  that  among  all 
the  numberless  oil  merchants  not  more  than  thj-ee  ever  sell  really  pure  olive  oil. 
Leaving  the  warehouses  and  docks,  I  rode  through  the  beautiful  olive-covered  coun- 
try and  was  astonished  to  see  so  many  acres  of  magnificent  olive  trees  being  cleared 
and  planted  in  grass.  Questioning  the  men,  I  found  that  the  price  of  genuine  olive 
oil  had  been  so  reduced  by  competition  with  grain  oils  under  the  name  of  olive  oil  that 
the  poor  producers  could  not  pay  expenses  and  were  forced  to  uproot  these  grand  old 
trees  and  plant  something  that  could  not  be  pirated  by  unscrupulous  merchants.  In 
other  industries  the  law  compels  everyone  to  sail  under  his  own  colors.  When  the 
oleomargarine  threatened  to  ruin  all  the  buttermakers  of  France,  the  law  compelled 
the  merchants  to  '  call  a  spade  a  spade,'  Recently,  plastered  wine  became  omnipres- 
ent. The  Government  put  an  end  to  plastering,  not  by  forbidding  it,  but  simply  by 
compelling  merchants  to  indicate  the  nature  of  the  x>roduct  they  offered  for  sale. 
Needless  to  say,  no  one  would  buy  plastered  wine  if  they  knew  it  as  such.  The  rea- 
son that  cotton  seed,  peanut,  etc.,  oils  are  allowed  to  be  sold  as  '  pure  olive  oil'  is  two- 
fold. First,  because  the  oil  merchants  are  united  against  attempts  to  interfere  Avith 
their  trade;  second,  because,  up  to  very  recently,  it  was  almost  impossible  to  detect 
mixtures  of  cotton-seed  oil,  etc.,  with  the  pure  product  of  the  olive.  Recently,  how- 
ever, the  much-talked-of  difiiculty  in  detecting  falsifici:tions  has  been  swept  away  by 
the  discovery  of  a  simple  and  cheap  detective  that  gives  infallible  results.  The  Ital- 
ians claim  that  it  was  Prof.  E.  Bechi,  of  the  royal  station  of  Florence,  who  first  dis- 
covered it.  The  French  say  that  it  is  due  to  the  labors  of  Mr.  R,  Brul^,  director  of 
the  government  station  Agronomique  de  Nice.  I  do  not  wish  to  enter  into  the  con- 
troversy. Suffice  it  to  say  the  two  methods  differ  but  little,  and  great  credit  is  due 
both  gentlemen,  for  their  discoveries  were  made,  I  believe,  independently. 

I  had  occasion  to  pass  several  days  in  the  government  laboratory  at  Nice  each  time  I 
passed  through  that  city,  and  I  made  experiments  with  pure  oil  and  mixtures.  I  was 
able  to  detect  unmistakably  5  per  cent  of  cotton-seed  oil  in  olive  oil  and  less  than 
3  per  cent  of  oleomargarine  in  butter — for  it  works  even  more  perfectly  with  but- 
ter than  with  oil.  Some  day,  when  you  have  an  hour  to  spare,  you  can  do  all  the 
tests  yourself.  You  need  but  a  solution  of  nitrate  of  silver,  twenty-five  for  one 
thousand  in  alcohol  of  wine  at  95°  a  few  test  tubes  6  inches  long,  and  a 
basin  of  water  kept  at  boiling  point  over  an  alcohol  lamp  or  stove  of  some  sort. 


68        EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


Put  in  one  test  tube  pure  olive  oil  in  another  pure  cotton-seed  oil,  and  then  make 
any  mixture  you  choose.  In  each  case  use  12  cubic  centimeters  of  the  oil  yon 
wish  to  test  and  5  cubic  centimeters  of  the  reactive.  Put  the  tubes  in  the  bath  of 
boiling  water  and  watch  the  results.  You  can  do  six  or  eioht  dozen  at  a  time  by 
numbering  your  test  tubes.  The  whole  operation  lasts  but  thirty  minutes  at  most. 
Pure  olive  oil,  well  made,  remains  clear  and  of  a  greenish  tint.  Cotton-seed  oil  turns 
black,  and  mixtures  vary  in  color.  Poorly  made  oil  of  the  second  pressure  clouds  up 
at  first,  but  soon  regains  a  greenish  color.  This  test  is  wfalUble,  and  once  seen  never 
can  lead  to  mistakes.  When  this  discovery  was  first  made  known,  the  oil  falsifiers 
took  prompt  steps  to  muzzle  the  press  and  buy  off  all  who  attempted  to  make  it 
known  generally.  They  were  at  first  successful  ;  but  thanks  to  the  outside  press 
and  the  patient  and  determined  efibrts  of  a  few  people,  the  cat  got  out  of  the  bag, 
and  a  great  commotion  ensued.  Buyers  of  oil  now^  demand  Brule's  analysis,  sworn  to 
before  the  consul,  before  they  will  accept  shipments,  I  know  of  one  man  who  is 
making  a  great  deal  of  money  by  ofi:ering,  as  an  inducement,  Brule's  analysis 
thereby  proving  the  old  saying  that  honesty  is  the  best  policy.  If  this  crusade 
against  falsifications  continues  to  be  as  successful  as  it  has  been  thus  far,  I  have  no 
doubt  that  the  culture  of  the  olive  will  regain  its  former  importance,  and  the  poor 
peasants  wall  be  once  more  happy,  as  they  were  before  cotton  seed  and  peanuts  gained 
the  mastery. 

The  grower  of  olives  in  California  should  be  careful  to  fight  the  adulterators  before 
they  gain  too  much  power.  Steps  should  be  taken  to  establish  laboratories  where 
consumers  could  have  analyses  made  without  trouble  or  expense.  The  slight  cost  of 
such  stations  would  be  paid  for  a  hundred-fold  by  the  increase  in  price  of  the  pure 
article.  Why  should  not  Congress  extend  the  oleomargarine  law  to  oils,  and  compel 
various  oils  to  sail  under  their  own  flags." 

OLEOMARGARINE. 

Eefuse  pork  (liable  to  produce  tricliiose),  boue  fats,  candle  and  soap 
grease,  horse  fat. 

PICKLES. 

Poor  vinegar,  poor  spices,  and  copper  greening. 

PEAS. 

Of  nine  samples  of  French  pease  examined  in  Connecticut  for  copper 
all  contained  it,  while  two  American  samples  examined  contained  none. 

PIIVIENTO. 

Ship  bread. 

PRESERVES. 

Glucose,  gelatin,*  preservatives,  and  coloring  matter,  apples,  pump- 
kins, molasses,  etc. 

SAGO. 

Potato  starch. 

RUM. 

Cayenne  pepper,  artificial  essences,  water. 


*  Injurious. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS. 


69 


SUGARS. 

Granulated  sugar  is  not  easily  adulterated.  Loaf,  pulverized,  and 
brown  are  found  adulterated  with  grape  sugar,  flour,  starch,  terra 
alba,*  clay,*  sand,t  bean  dust,  salts  of  tin, I  leadj:  and  gypsum,*  and 
rice  flour. 

Sugar  is  often  injured  by  being  purified  with  putrid  blood. 

SPICES. 

Every  character  of  spices  is  adulterated  with  a  great  variety  of 
things.  Among  them  are  starch,  flour,  shells,  ground  beans  and  pease, 
turmeric,  buckwheat  flour  and  hulls,  chromate  of  lead,{  sulphate  of 
lime*  (plaster),  yellow  lake.t 

In  this  connection  is  given  a  paper  from  the  American  Journal  of 
Pharmacy,  June,  1890,  read  by  Frank  A.  Hennessy,  Ph.  G.,  before  the 
pharmaceutical  meeting  May  20. 

A  NEW  SPICE  ADULTERANT. 

[Contribution  from  the  chemical  laboratory  of  the  Philadelphia  College  of  Pharmacy— No.  72.  Read 
at  the  pharmaceutical  meeting,  May  20,  by  Erank  A.  Hennessy,  Ph.  G.J 

Some  time  aj;o  the  attention  of  the  writer  was  called,  to  some  samples  of  "  artificial 
ground  spices"  which  bore  a  close  resemblance  to  the  pure  articles.  It  was  learned 
that  the  production  of  these  goods  was  the  result  of  numerous  experiments,  and  sub- 
sequent iuYestigation  succeeded  in  bringing  to  light  a  branch  of  manufacturing  in- 
dustry of  no  small  magnitude,  which  has  for  its  sole  object  the  production  of  articles 
known  to  the  trade  as  "spice  mixtures."  The  manufacture  of  these  articles  is  con- 
ducted in  a  large  steam  bakery  in  Philadelphia.  Samples  of  the  materials  used  have 
been  secured  from  time  to  time,  and  these  are  presented  with  this  paper. 

The  substance  which  forms  the  base  for  all  these  mixtures,  and  which  is  designated 
in  the  sample  as  "  meal,"  was  found  on  inquiry  among  several  millers  to  be  a  very 
low  grade  of  wheat. 

It  is  not  known  to  them  by  any  special  name,  but  might  be  called  ''blow-room 
stuff."  It  is  a  little  better  than  feed,  to  which  it  is  sometimes  added  to  improve  the 
quality,  but  is  a  lower  grade  than  middlings.  Samples  from  lots  which  had  been 
delivered  to  the  bakery  at  different  times  were  identical. 

The  meal  is  made  into  a  dough  with  water,  rolled  out  and  cut  in  the  same  manner 
as  soda  crackers,  and  baked  in  an  oven. 

These  crackers  or  ''biscuits,"  as  they  are  termed,  are  then  allowed  to  dry  thor- 
oughly when  they  are  ready  for  grinding. 

The  different  shades  are  obtained  by  the  use  of  coloring  matters  which  are  mixed 
with  the  meal  when  it  is  being  made  into  dough. 

The  "white"  biscuit  is  made  from  the  plain  meal  without  coloring.  The  "yel- 
low "  is  made  with  the  aid  of  turmeric,  a  little  of  which  goes  a  great  way  in  impart- 
ing a  rich  yellow  hue,  such  as  is  peculiar  to  mustard. 

A  sample  of  the  coloring  matter  used  in  the  "brown"  biscuits  is  also  presented. 
An  analysis  shows  this  to  be  a  mixture  of  about  equal  parts  of  Spanish  brown  and 
turmeric. 

Charcoal  is  used  in  the  "  black  "  biscuits. 

Some  biscuits  having  a  red  color,  such  as  might  have  been  used  to  adulterate  cay- 
enne pepper,  were  seen,  but  it  was  impossible  to  secure  samples  at  the  time. 


Injurious. 


t  Not  often. 


t  Poisonous. 


70 


EXTEXT  AXD  CHARACTER   OF  FOOD  ADULTERATIONS. 


Large  quantities  of  these  spice  biscuits  have  been  delivered  to  a  spice  house  in 
Philadelphia,  and  it  is  not  known  that  any  have  been  shipped  out  of  the  city.  As 
they  are  al]  sent  to  the  spice  dealers  in  the  \vhole  condition,  probably  on  account  of 
the  lack  of  facilities  for  grinding,  the  samples  of  powders  which  are  presented  were 
ground  by  the  writer  in  a  small  drug  mill,  and  may  only  roughJy  resemble  the  pow- 
ders prepared  by  the  spice  millers. 

However,  they  will  serve  to  show  how  closely  the  ground  spices  may  be  imitated. 

The  sample  labeled  pepper  mixture  "*  is  made  up  of  the  black,"'  white,"  and 
"br-own'"  powders — the  one  labeled  "  clove  mixture"  of  the  '•'brown''  and  ''black." 

Cracker  dust is  said  by  many  investigators  to  be  used  as  a  spice  adulterant,  and 
a  sample  of  this  material  from  the  same  bakery  is  presented,  although  it  has  never 
been  used  in  the  manufacture  of  these  biscuits.  It  consists  altogether  of  stale  bread, 
which  accumulates  in  large  quantities,  and  which  is  thoroughly  dried  and  ground. 

An  analysis  of  the  spice  biscuits  gave  the  following  results,  the  '"black"  and 
"  white  "  powders  and  the  original  meal  being  taken  : 


White. 

Elack. 

Meal. 

7.52 

3 

Trace 

14.  51 
6.03 
75.8 

8.27 

4.  98 
4.  45 
9. 43 

14.  51 
3.02 

83.  2 
54.1 

15.  57 

Soluble  asb  rHCi'  

2.  95 

Insoluble  ash  iHClt  

2.  95 
14.  51 
11.  02 

65.8 

Hesidne  after  treatment  witn  cold  HoO  aud  dried  at  100"  C  

The  ash  consisted  of  Xa,  K.  Cu.  Mg.  chiefly  as  phosphates,  with  some  sulphates, 
the  insoluble  portion  of  the  '  •  black  "  being  fine  sand. 

It  is  evident  that  without  the  most  careful  examination  the  presence  of  these  mix- 
tures in  ground  spices  might  often  escape  notice. 

The  starch  granules  are  u.sually  so  much  altered  in  the  process  of  baking  as  to  ren- 
der their  identifications  almost  impossible. 

As  pure  ground  pepper,  for  instance,  yields: 


Moisture   8-10 

Ash.  ,   2-5 

Starch   34-43 

Total  reducing  sugar  ecjuivalent   42-55 


It  is  obvious  that  in  case  of  admixture  with  this  material  the  determination  of  any 
or  all  of  those  constituents  would  be  of  no  value,  and  it  is  probable  that  the  only  re- 
liable results  would  be  obtained  from  estimating  the  amount  of  piperiu  and  resin, 
which  is  quite  constant. 

Some  points  of  similarity  to  other  spices  might  be  mentioned  to  show  how  admira- 
bly these  mixtures  are  adapted  to  their  purpose  ;  but  the  object  of  this  paper  is  sim- 
ply to  call  attention  to  what  is  believed  to  be  the  latest  development  of  inventive 
genius  in  this  direction. 

SIRUPS. 

Glucose,  salts  of  tin,*  dextrine. 

TEA. 

Exhausted  leaves,  once  used  dried,  facing  with  Prussian  bine,*  plum- 
bago gnui;  weighting*  nitric  acid,  sand,  soapstone,  china  clay,  and 
gypsum. 


*  Poisonous. 


EXTENT  AND  CHARACTER  OF  FOOD  ADULTERATIONS.  71 


Of  eij^iiteeii  samples  examined  in  Oounecticiit,  n,!!  were  found  to  con- 
tain Prussian  blue,  which  was  identified  under  ihe  microscope. 

Tea  is  generally  faced  or  painted  with  clayey  matter,  Prussian  blue, 
l)lumbago ;  also  a  yellow  dye,  probably  turmeric. 

Extractive  matter  in  genuine  unadulterated  tea  should  generally  reach 
30  per  cent.  The  Connecticut  authorities  found  in  pure  tea  from  31  to 
39  per  cent. 

VEAL. 

Should  not  be  eaten  when  under  a  month  old.  The  practice  of  kill- 
ing and  selling  younger  calves  is  reprehensible ;  there  is  little  nutriment 
in  the  meat,  it  is  not  easily  digested,  and  should  be  condemned. 

VINEGAR. 

Oil  vitriol,*  hydrochloric,  and  pyroligneous  acid,  and  rarely  burnt 
sugar,  water,  wine  and  meal  vinegars  sold  for  cider. 

Of  206  samples  analyzed  for  acids  by  the  Connecticut  officials  82,  or 
39  per  cent,  fell  below  the  legal  requirement. 

Of  163  analyzed  by  the  same  authorities  for  solids  74,  or  46  percent, 
fell  below  the  standard. 

WINES. 

If  all  that  is  claimed  about  this  article  be  true,  but  little  i)ure  Avine 
can  be  found.  Many  wines  are  heavily  fortified  with  alcohol,  coloring 
matter  is  extensively  used,  inferior  wines  are  mixed,  acids  are  added, 
and  it  is  asserted  in  many  cases  all  kinds  of  refuse  matter  is  used  that 
will  ferment.    Analine  colors,  crude  brandy,  water. 

CHEMICAL  COMPOSITION  OF  WINE. 

It  contains  a  large  proportion  of  water,  a  little  undecomposed  glu- 
cose, traces  of  soluble  azotized  matter  or  ferment,  alcohol  in  variable 
proportions  (from  7^  to  24  per  cent),  peptine  raid  mucilage,  some  tannin, 
free  malic  and  tartaric  acids;  a  coloring  matter,  yellow  in  white  wine 
and  red  in  dark  wines,  acetic  and  o?nanthic  acids,  an  aromatic  principle 
or  bouquet^  and  cenanthic  ether,  an  essential  oil  of  vinous  odor;  and 
finally,  all  the  vegetable  and  mineral  salts  contained  in  the  latest 
McKenne's  translature  of  Duplais,  alcoholic  liquors,  p.  99. 

Champagnes  contain  an  appreciable  quantity  of  carbonic  acid  gas  in 
addition  to  the  above. 

WHITE  PEPPER. 

starches,  flour.  Of  four  samples  analyzed  in  Connecticut,  two  were 
adulterated. 


*  Poisonous. 


ADULTERANTS  OF  DRUGS. 


Drugs  are  often  tinctured  with  an  excess  of  alcohol,  so thatthe  strength 
of  the  mixture  becomes  a  matter  of  great  uncertainty.  Dr.  Chancellor, 
secretary  Maryland  State  board  of  health  says  : 

As  regards  the  purity  of  medicine,  we  all  know  that  this  varies:  and  this  variance 
is.  unfortunately,  not  always  due  to  natural  cause.  Sometimes  it  is,  but  only  too 
often  do  we  find  it  to  he  the  work  of  persons  who  have  a  sole  regard  for  the  "  filthy 
lucre  "'  with  which  they  hope  to  till  their  purses,  and  who  are  utterly  indifterent  to 
the  evil  consequences  which  their  wicked  deeds  may  bring  upon  sulfering mankind. 
Yet  there  is  no  law  in  our  State  to  correct  tbis  growing  evil,  no  law  to  punish  the 
wretch  ujean  enough  to  rob  from  his  unsuspectiug,  suffering  fellowman  what  is 
often  the  last  anchor  of  hope.  There  exists  a  rivalry  in  the  commerce  in  medicine  as 
there  is  in  the  commerce  as  in  all  other  merchantable  articles,  and  if  one  only  seeks  he 
can  purchase  them  at  almost  any  price.  There  is  no  class  of  articles  so  important  to 
the  people  as  medicine,  and  at  the  same  time  no  class  of  articles  of  which  the  people 
are  so  poor  a  judge,  and  in  which  fraud  can  be  so  easily  and  so  deeply  hidden,  and  in 
which  this  fraud  is  so  difficult  of  exposure. 

On  page  502  of  the  2sew  York  report,  Prof.  Willis  G.  Tucker,  State 
analyst  says  : 

The  work  done  during  the  past  four  years  has  received  the  hearty  commendation 
of  both  manufacturers  and  leading  dealers  throughout  the  State,  and  is  believed  to 
have  had  an  important  influence  in  improving  the  quality  of  the  drugs  dispensed 
and  in  inciting  dealers  to  greater  carefulness  in  their  preparation  and  sale. 

SALICYLIC  ACID. 

This  article  is  extremely  dangerous  as  an  adulterant,  being  used  so 
indiscriminately  and  so  profusely.  A  man  who  drinks  a  glass  of  beer 
may  not  feel  the  efl'ects  of  the  drug,  but  as  many  people  drink  twenty 
to  thirty  glasses,  it  can  readily  be  seen  that  an  undue  quantity  of  this 
preservative  may  be  absorbed  in  the  system,  especially  if  vegetables 
are  eaten  that  have  it  used  to  preserve  them,  to  which  may  be  added  a 
moderate  amount  to  preserve  the  meat  eaten,  and  when  we  remember 
that  it  will  keep  preserves  and  pickles,  and  jellies,  and  keep  fruits, 
one  can  readily  see  how  easy  it  is  to  dose  oneself  upon  this  wonderful 
preservative  of  everything  but  the  human  system. 

Prof.  H.  A.  Weber,  of  ttie  Ohio  University.  Columbus,  in  a  report 
to  State  dairy  and  food  commission,  makes  the  following  somewhat 
extended  statement,  but  the  subject-matter  is  of  such  importance  that 
it  is  given  in  full : 

In  connection  with  this  discovery  of  the  use  of  salicylic  acid  in  such  a  common 
and  liberally-consumed  article  as  sweet  cider,  it  may  be  well  to  mention  that  in 


ADULTERANTS  OF  DRUGS. 


73 


recent  years  recipes,  claimed  to  be  patented  and  guaranteed  to  be  perfectly  harmless, 
have  been  sold  by  the  thousands  to  private  families  all  over  the  country  for  preserv- 
ing fruits,  vegetables,  etc.  In  one  of  these  recipes  the  following  quantities  of  sali- 
cylic acid  are  prescribed : 

For  small  fruits,  as  currants,  strawberries,  raspberries,  etc.,  18  grains  salicylic  acid 
to  1  quart  of  water. 

For  hard  fruit,  as  peaches,  pears,  watermelons,  etc.,  35  grains  salicylic  acid  to  1 
quart  of  water. 

For  vegetables,  as  beans,  pease,  green  corn,  asparagus,  etc.,  52  grains  of  salicylic 
acid  to  1  quart  of  water. 
For  pickles,  24  grains  of  salicylic  acid  to  1  quart  of  vinegar. 
For  sweet  pickles,  the  same. 

For  preserves,  jams,  and  apple  butter,  14  grains  dry  salicylic  acid  to  1  gallon  of 
fruit  and  1  quart  of  sugar,  after  cooking  to  a  thick  preserve. 

That  salicylic  acid  is  employed  in  enormous  quantities  as  a  food  preservative  may 
be  inferred  from  the  fact  that  a  single  druggist  of  this  city  sold  during  the  past  sea- 
son 500  ounces  of  the  drug,  all  of  which,  he  thinks,  was  used  for  this  purpose. 

When  a  drug  is  used  thus  extensively,  and  in  such  a  variety  of  articles  of  daily 
food,  it  is  due  the  public  to  be  informed  of  its  nature  and  etfects,  and  for  this  pur- 
pose the  following  is  respectfully  submitted  : 

Preparation. — Salicylic  acid  occurs  in  nature  in  the  oil  of  wintergreen  as  an  ether, 
methyl  salicylate.  From  this  substance  it  was  formerly  prepared.  It  is  now  made 
artificially  from  phenol  (carbolic  acid).  When  pure  it  forms  white,  needle-shaped 
crystals,  without  odor,  and  of  a  sweetish  taste. 

Pro/;er/tes. —Salicylic  acid  is  a  powerful  antiseptic,  i.  e.,  it  retards  the  action  of  or- 
ganized ferments  like  the  yeast  plant  and  putrefactive  bacteria.  Thus  it  hinders  or 
prevents  fermentation,  the  souring  of  milk  and  other  liquids,  the  putrefaction  of 
meat,  etc.  It  is  this  property  which  has  brought  it  into  such  a  common  use  as  a  pre- 
servative of  food.  But  the  action  of  salicylic  acid  upon  unorganized  ferments  is 
even  more  powerful.  Thus  it  prevents  the  formation  of  prussic  acid  by  amygdalin 
in  emulsions  of  almond  seeds.  It  completely  arrests  the  conversion  of  starch  into 
grape  sugar  by  diastase  and  pancreatic  extracts  as  first  shown  by  H.  Letfman  and 
W.  Beam  (Analyst,  volume  13,  p.  103),  and  corroborated  by  experiments  in  the  physi- 
ological laboratory  of  our  own  townsman,  Dr.  A.  M.  Bleile,  The  minute  quantity  of 
one  part  of  the  acid  in  one-thousand  parts  of  the  mixture  is  sufficient  to  produce  this 
effect.  As  this  action  is  diametrically  opposed  to  the  process  of  digestion,  the  use  of 
salicylic  acid  in  daily  articles  of  food  should  be  condemned  for  this  reason  alone. 

Physiological  efects. — The  dose  of  salicylic  acid  as  a  medicine  is  from  10  to  40 
grains.  For  children  the  dose  is  much  smaller.  Although  the  maximum  dose  would 
rarely,  if  ever,  be  reached  in  the  consumption  of  food  preserved  with  the  drug,  yet 
the  minimum  dose  if  continued  for  a  long  time  might  produce  equal  disorders,  and 
this  dose  can  readily  be  exceeded,  especially  if  a  variety  of  foods  and  drinks  thus  pre- 
served are  consumed  at  the  same  meal.  This  danger  is  increased  by  the  fact  that 
several  days  may  intervene  before  the  druj^  is  completely  eliminated  from  the  system 
after  it  is  taken,  although  it  speedily  enters  into  the  circulation. 

From  the  physiological  actions  of  the  drug  as  reported  in  the  National  Dispensa- 
tory, the  following  may  be  cited  : 

"  Plants  watered  wi  th  a  solution  of  salicylic  acid  speedily  die.  One  grain  of  sodium 
salicylate  introduced  under  the  skin  of  a  frog  renders  the  animal  languid  and  then 
occasions  complete  motor  paralysis  and  arrest  of  the  heart.  Guinea  pigs,  after  a  dose 
of  60  to  70  grains,  grow  rapidly  weak,  lie  down  and  drag  their  limbs,  which  move 
spasmodically  ;  then  respiration  grows  shallower  until  it  ceases. 

"Experiments  on  dogs:  (1)  moderate  doses  occasion  nausea,  salivation,  vomiting, 
and  diarrhea;  (2)  the  senses  of  sight  and  hearing  appear  somewhat  dull;  (3)  the 
respiration  is  quickened,  the  temperature  increased,  except  in  fever,  when  it  is  re- 


74 


ADULTERANTS  OF  DRUGS. 


duced ;  (4)  the  central  nervous  system  is  affected  only  by  large  doses,  -wbicli  abolish 
sensibility  and  vitality,  and  spasms  precede  death  ;  (5)  after  death,  the  stomach,  in- 
testines, liver,  and  kidneys  are  congested;  the  brain  and  spinal  cord  also  appear  con- 
gested. 

Effects  on  man  :  In  full  medicinal  doses  salicylic  acid  usually  caused  buzzing,  hum- 
ming, and  rushing  sounds  in  the  ears,  v^^ith  more  or  less  deafness.  Headache  is  not 
unusual  and  may  be  attended  with  dullness  and  an  uncertain  gait.  Blindness  for  ten 
hours  is  reported.  When  fever  exists  delirium  is  readily  induced  by  the  medicine, 
especially  in  nervous  patients,  and  it  is  apt  to  be  accompanied  with  phantasms  and 
violence,  as  in  delirium  tremens.  Difficulty  of  breathing  and  palpitation  of  the  heart 
are  ordinary  effects  of  the  medicine.  Hence  it  should  be  a  rule  never  to  prescribe  the 
medicine  in  case  of  heart  or  lung  troubles.  In  cases  of  disease,  enormous  doses  have 
been  given  without  any  apparent  serious  effects.  On  the  other  hand,  cases  of  death 
are  reported  by  doses  not  exceeding  150  grains  per  day,  and  one  case  after  four  doses 
of  only  15  grains  had  been  taken." 

Fortunately  the  toxical  effects  of  the  drug  are  counteracted  by  the  nutrients  of  the 
food  taken.  Otherwise  the  results  of  its  general  and  indiscriminate  use  would  be 
baneful  indeed.  But  this  statement  does  not  justify  its  employment  as  a  food  preserv- 
ative. The  property  of  the  drug  pointed  out  above  is  not  changed  by  the  presence  of 
nutrients,  and  its  physiological  actions  are  of  such  a  nature  that  it  should  be  admin- 
istered only  under  the  direction  and  care  of  a  competent  physician,  and  not  betaken 
indiscriminately  by  everyone  in  all  conditions  of  health  and  disease. 

Salicylic  acid  can,  therefore,  find  no  legitimate  place  in  our  daily  food.  Its  use  by 
private  families  should  be  discontinued,  and  its  occurrence  in  commercial  food  pro- 
ducts should  be  condemned  by  all  who  are  interested  in  public  welfare. 

PENNSYLVANIA  AND  NEW  YORK  REPORTS. 

The  reports  herein  contained,  taken  from  the  Pennsylvania  and  New 
York  reports,  are  very  extended  and  probably  confined  to  too  circum- 
scribed a  territory,  but  as  undoubtedly  more  attention  is  given  to  the 
adulteration  of  drugs  in  these  two  States  than  any  other,  the  reports 
quoted  are  not  only  the  most  reliable  that  can  be  obtained,  but  thej 
certainly  are  the  fairest  to  the  manufacturer,  and  dealers,  as  they  having 
had  the  fullest  knowledge  of  the  law  on  the  subject  and  the  intention 
of  the  authorities  to  inspect  them,  if  they  contiuned  to  sell  adulterated 
goods  it  was  done  with  a  full  knowledge  of  the  consequences. 

MISCELLANEOUS  REPORTS. 

REPORT  OF  COMMITTEE  ON  ADULTERATIONS  AND  DETERIORATIONS  OF  PENN- 
SYLVANIA PHARMACECTICAL  ASSOCIATION,  1889. 

[Extracts  Pennsylvania  Pharmaceutical  Association.] 

The  work  carried  on  by  the  coniuiittee  this  year  has  been  greatly  advanced  by  a 
few  members  furnishing  samples.  The  number,  however,  that  responded  to  the  ap- 
peal for  samples  was  a  very  small  proportion  of  the  total  membership — they  can  easily 
be  counted — as  follows :  Messrs.  J.  H.  Stein,  B.  A.  Kelly,  L.  Emanuel,  C.  A,  Randolph, 
J.  F.  Patton,  G.  W.  Kennedy,  W.  H.  McGarrah,  S.  S.  Jones,  and  M.  N.  Kline. 

A  number  of  students  in  the  chemical  laboratory  of  the  Philadelphia  College  of 
Pharmacy  also  contributed  their  time  and  made  a  number  of  analyses.    Mr.  William 


ADUiTEEANTS  OP  DRUGS. 


75 


Handler  examiued  six  samples  of  simple  sirup  purchased  of  retail  druggists  in  Phil- 
adelphia, with  the  following  results: 


Sample. 

Cane  sugar. 

Glucose. 

Kemarks. 

Per  cent. 

Per  cent. 

A  

60.  00 

1.28 

B  

65.  30 

0.  38 

Contained  traces  of  ultramarine. 

C  

66.30 

0.88 

D....  

40.  00 

5.  87 

Had  fermented. 

E  

64. 13 

1.98 

Yellow  in  color.    Called  white  rock  candy  sirup. 

F  

68.16 

0.  89 

Mr.  Charles  A.  Schwaeke  assayed  eight  samples  of  household  am- 
monia. All  were  in  1-pint  bottles  except  sample  5,  which  measured  12 
ounces    The  results  were  as  here  tabulated : 


Sample. 

Ammonia, 

Price. 

Per  cent. 

Cents. 

1  

3.  72 

20 

2  

4.  52 

20 

3  

5.  25 

9 

4  

5.35 

15 

5  

6.  75 

8 

6  

7.49 

25 

7  

8.  58 

15 

8  

10.00 

15 

Source. 


Keiail  drug  store  . ... 
Retail  grocery  store  . 

Dry  goods  store  

,  do  

 do  

Retail  drug  store  

Dry  goods  store  

Wholesale  drug  store 


Remarks. 


Contained  borax. 
Do. 


It  will  be  seen  from  this  that  price  does  not  always  indicate  quality. 

Mr.  Harry  S.  Wood  determined  the  strength  of  commercial  glacial  acetic  acid  and 
found  two  qualities  in  the  market  under  that  name,  one  containing  about  80  per 
cent  and  the  other  99  to  100  per  cent  of  the  absolute  acid.  In  this  case  the  price  is  a 
consideration,  the  absolute  acid  can  always  be  gotten,  generally  with  the  exact  per- 
centage strength  on  the  label,  if  the  pharmacist  is  willing  to  pay  the  price.  The 
absolute  acid  is  easily  recognized  by  its  power  to  dissolve  an  equal  volume  of  fresh 
oil  of  lemon. 

Mr.  Charles  E.  McCloskey  found  powdered  belladouna  root  from  different  whole- 
sale druggists  of  Philadelphia  to  yield  from  0.2  to  0.4  per  cent,  and  the  leaves  0.04 
to  0.24  per  cent  of  alkaloid. 

Mr.  A.  G.  Hostetter,  noticing  the  statement  frequently  made  that  potassium  tar- 
trate is  often  impure  or  adulterated,  found  all  the  samples  from  the  manufacturers 
in  this  State  to  be  very  good,  containing  only  traces  of  calcium  salts,  sulphuric, 
hydrochloric,  and  carbonic  acids. 

Mr.  G.  M.  Grosse  found  reduced  iron  to  be  of  poor  quality,  one  sample  only  answer- 
ing to  the  requirements  of  the  Pharmacopoeia.  They  ranged  from  18.43  to  88.40  per 
cent,  the  highest  being  of  German  and  the  lowest  of  French  manufacture.  Those 
of  American  make,  being  obtained  from  the  stock  bottles  of  retail  pharmacists,  had 
no  doubt  deteriorated  by  long  exposure  to  the  oxidizing  action  of  the  air. 

Mr.  O.  Y.  Owings  determined  the  sodium  carbonate  and  bicarbonate  of  commerce 
to  be  of  very  good  quality,  there  being  little  or  no  difference  between  the  English 
and  American  brands.  Mr.  H.  J.  M.  Schroeter  (Am.  Journal  of  Pharmacy,  December, 
1888),  has  also  shown  that  the  commercial  bicarbonate  responds  to  the  requirements 
of  the  Pharmacopoeia  for  a  pure  salt. 

Mr.  Joseph  Lowenberg  examined  five  samples  of  morphine  sulphate.  All  were 
found  to  be  pure,  but  an  English  sample  contained  only  6.94  per  cent  of  water  of 
crystallization,  instead  of  11. 87  per  cent,  as  allowed  by  the  Pharmacopoeia.  A  sample 
of  morphine  acetate  was  not  easily  dissolved  in  water,  and  yielded  1.81  per  cent  of 
residue  on  igniting. 


76 


Ai)ULTERAXTS  OF  DRUGS. 


Mr.  S.  A.  Wagaruan  assayed  five  samples  of  oue-fourtli  grain  granules  of  morphine 
sulphate.  Finding  that  a  small  quantity  of  morphine  Avas  lost  in  the  assay,  he  used 
as  a  check  a  calculation  based  on  the  amount  of  sulphuric  acid  found  to  he  present. 
In  this  way  he  obtained  higher  results  than  by  the  morphine  assay,  but  still  below 
what  should  have  been  in  the  samples.  A  single  granule  should  contain  one-fourth 
or  twenty -five  one  hundredths  of  a  grain;  he  found  20,  22,  18,  21,  and  17  one  hun- 
dredths of  a  grain,  respectively,  in  the  five  samples.  One  hundred  granules  should 
contain  25  grains  of  morphine  sulphate,  but  one  samj)le  only  weighed  32  grains  with 
the  coating,  two  others  weighed  36  grains  each,  thus  showing  that  quality  was 
probably  sacrificed  for  elegance.  These  assays,  which  were  repeated  as  well  as 
compared  with  one  made  on  a  weighed  quantity  of  the  salt  mixed  with  gum  and 
sugar,  indicate  that  pharmacists  should  exercise  great  caution  in  buying  morphine 
granules.  Competition  in  them  is  very  sharp,  and  wherever  the  price  is  kept  so 
near  the  cost  it  is  well  to  look  out  for  deterioration. 

Mr.  Clarence  S.  Eldridge  investigated  the  quality  of  twenty-five  samples  of  lime 
water,  purchased  of  retail  pharmacists  in  Philadelphia  and'its  vicinity.  The  results 
indicate  gross  carelessness  in  the  manner  of  making  and  keeping  this  important 
preparation.  Eight  of  the  samples  contained  0.15  per  cent  of  calcium  hydrate,  and 
were,  therefore,  eqiial  to  the  PharmacoijaMa  requirements  ;  eight  more  were  nearly 
Tip  to  the  standard,  and  the  remaining  nine  rapidly  descended  on  the  scale  of  strength 
to  two,  which  failed  to  show  any  alkaline  reaction  by  litmus  paper. 

Notices  have  appeared  in  different  journals  during  the  past  year  of  adulterated 
copaiba.  Through  Mr.  Kline,  who  has  given  the  subject  considerable  attention,  four 
samples  were  obtained,  together  with  valuable  information  concerning  them.  One 
of  the  samples  responded  to  all  known  tests  of  purity ;  two  by  the  United  States 
Pharmacopoeia  test  showed  gurjin  balsam,  one  of  these  also  contained  turpentine; 
the  fourth  sample  was  of  a  character  that  indicated  adulteration,  without  oue  being 
able  to  determine  exactly  the  nature  of  the  admixture.  The  subject  of  adulterated 
copaiba  is  one  that  is  sadly  in  need  of  further  investigation,  with  the  special  object 
of  giving  simple  and  more  reliable  tests  for  the  genuine  article. 

A  sample  of  yellow  wax  Avas  found  to  contain  50  per  cent  of  paraffin,  thus  showing 
that  this  old  trick  has  not  been  forgotten. 

A  bottle  of  essence  of  peppermint,  put  up  in  Lancaster  for  country  trade,  was 
found  deficient  in  oil  and  alcohol,  the  deficiency  being  made  up  with  water, 

Epsom  salts,  from  Pittsburg,  was  shown  to  be  pure,  but  much  effloresced. 

Quinine  is  now  selling  at  such  a  low  price  that  during  the  last  few  years  we  have 
heard  nothing  of  its  adulteration  ;  but  great  care  should  still  be  exercised  in  pur- 
chasing. One  suspicious  sample  has  been  received.  It  was  found  to  contain  the 
cheaper  alkaloids  in  greater  amount  than  permitted  by  our  national  standard. 

Most  of  the  sugar  of  milk  received  in  Philadelphia  is  of  German  brand,  and  all 
appears  to  be  from  the  same  source.  In  physical  properties  it  does  not  compare 
favorably  with  the  powdered  crystals,  as  the  taste  is  quite  earthy,  but  chemical 
tests  failed  to  reveal  any  adulteration.  The  ash,  however,  was  in  excess  of  that 
required  by  the  advocates  of  homoeopathy,  who  think  it  should  not  exceed  0.02  per 
cent.  The  crystals,  as  received  in  this  country,  yield  about  0.06  per  cent  of  residue 
on  ignition. 

The  adulteration  of  certain  kinds  of  cream  of  tartar  has  nearly  come  to  the  point 
of  being  a  recognized  business.  No  one  acquainted  with  the  first  principles  of  pre- 
paring goods  for  the  grocery  trade  will  question  this.  A  sample  from  Altoona, 
labeled  "Pure  Cream  of  Tartar,"  consisted  largely  of  calcium  phosphate.  It  scarcely 
charred  when  heated,  thus  indicating  the  absence  of  any  organic  substance  like 
tartaric  acid;  it,  however,  did  show  a  faint  acid  reaction,  due  no  doubt  to  the 
presence  of  small  quantities  of  acid  phosphate.  Two  samples  from  Pittsburg  did 
not  char  on  heating,  were  faintly  acid  to  litmus,  and  consisted  of  calcium  sulphate 
and  phosphate. 


ADULTERANTS  OF  DRUGS. 


77 


One  of  the  most  glaring  examples  of  willful  substitution  was  given  me  by  the  clerk 
in  a  retail  pharmacy  in  Philadelphia,  where  I  was  purchasing  laudanum  for  the  purpose 
of  assay.  The  sample  in  question  was  called  blue  ointment,  but  I  was  informed  that 
it  consisted  of  lard  colored  with  Prussian  blue.  A  subsequent  examination  of  it  failed 
to  detect  the  presence  of  a  trace  of  mercury,  and  to  fully  confirm  the  information  re- 
ceived in  regard  to  it,  Mr.  Walter  B.  Crawford  assayed  seven  samples  of  laudanum 
with  tlie  following  results  : 


No. 

phiie.  BoiTShtfrom- 

1  

Per  cent. 
1.23 
1.30 
0.42 
0.61 
0.18 
0.70 
0.  52 

Eetail  drug  store  in  Chambersburg. 
lietail  drug  store  in  Fayetterille. 
Grocery  store,  bottled  in  Baltimore. 
Grocerj^  store,  bottled  in  New  York. 
Grocery  store,  bottled  in  Baltimore, 
Grocery  store,  bottled  in  Harrisburg. 
Grocrery  store,  bottled  in  Baltimore. 

2  

3  

5  

6  

7  

Mr.  A.  H.  Benerman  assayed  fourteen  samples  of  the  same  preparation.  No.  1  to  3,  in- 
clusive, were  obtained  of  retail  pharmacists  in  Pbiladelphia.  No  4  to  8,  inclusive, 
from  manufacturers  and  bottlers.  No  9  to  14,  from  patent  medicine  dealers  and 
others  who  sold  the  bottled  article.  He  also  estimated  the  percentage  of  alcohol  by 
volume. 


No. 

Mor- 
phine. 

Alcohol. 

No. 

Mor- 
phine. 

Alcohol. 

1    

Per  cent. 
1.18 
1.15 
0.92 
0.  36 
0. 17 
0.  36 
0.51 

Per  cent. 
60.  97 
53.  91 
49.  71 
17.  08 
60.  47 
44.  55 
53.  81 

8  

Per  cent. 
0.  57 
0.  41 
0.  77 
0.  09 
1.00 
0.  84 
0.17 

Per  cent. 
45. 71 
28.  68 
47.02 
21.59 
57.  88 
47.78 
11.52 

2  

9  

3  

10  

4  

11  

5  

12  

6  

13  

7  

14  .    

In  addition  to  the  above,  your  chairman  received  fifty-six  samples  from  different 
parts  of  the  State,  which  were  assaj^ed  as  tabulated. 

Officinal  laudanum  should  contain  from  1.2  to  1.6  per  cent  morphine. 


No. 

Mor- 
phine. 

Whence  procured. 

Per  cent. 

1  

0.97 

Hetail  drug  store  in  Philadelphia. 

2  

0.  82 

Do. 

3  

0.  88 

Eetail  drug  store  in  Delaware  County. 

4  

0.03 

Ketail  drug  store  in  Chester. 

1.  22 

Retail  drug  store  in  Philadelphia. 

6  

1. 10 

Do. 

7  

0.  86 

Sent  from  Pittsburg,  origin  unknown. 

8.  

0.  38 

Do. 

9  

0.21 

Sent  from  Scranton,  origin  unknown. 

10  

0.  65 

Do. 

11  

0.93 

Do. 

12  

0.00 

Sent  from  Pottsville,  strong  odor  of  licorice. 

13  

0.  69    Sent  from  Carbondale. 

14  

0.  07 

Sent  from  Carbondale.    Strong  odor  of  licorice. 

15  

0.  63 

Retail  drug  store  in  Dillsburg. 

16  

0.  51 

Retail  drug  store  in  Delta. 

17  

0.02 

Country  store,  bottled  in  Chester. 

18 

0.  37 

Country  store,  bought  in  bulk. 

19  

0.  56 

Retail  drug  store  in  Wilkesbarre. 

20  

0.26 

Country  store  near  Wilkesbarre,  bottled  in  New  Tork, 

21  

0.97 

Bottled  in  New  York. 

22  

0.  72 

Retail  drug  store  in  Wilitesbarre. 

23  

0.52 

Do. 

24  

0.52 

Do. 

0.  46 

Retail  drug  store  in  Scranton. 

78 


ADULTERANTS  OF  DRUGS. 


Mor- 
phine. 


Whence  procured. 


26 
27. 
28 
29 
30 
31 
32 
33 
34. 
35 

3G 
37. 
38, 
39. 

40 
41 
42. 
43. 
44. 
45 
46. 
47. 
48. 
49. 
50. 
51. 
52. 
53. 
54. 
55. 
56. 


Per  cent. 
0.  00 
0.  57 
0.  00 
0.  84 
0.  00 
1.00 
0.  00 
0.62 
0.  45 
0.  58 

0.  26 
0.65 
0. 40 
0.  49 

0.61 
0.  96 
0.  38 
0.27 
0.16 
0.29 
0.61 
0.  52 
0.  66 
0.  50 
0.87 
0.36 
0.  50 
0.  33 
0.  51 
0.31 
1.40 


Country  store  near  "Wilkesbarre. 

Retail  drug  store  in  Wilkesbarre. 

Grocery  store  in  Wilkesbarre,  bottled  in  Philadelphia. 

Retail  drug  store  in  Wilkesbarre. 

Wholesale  grocery  store  iu  Wilkesbarre. 

Retail  drug  store  iu  Wilkesbarre. 

Retail  drug  store  in  Philadelphia. 

Country  store  in  Delaware  county,  bottled  in  Ph  iladelphia. 
Drug  store  in  Reading,  bottled  tor  country  trade. 
Wholesale  drug  store  in  Philadelphia,  bottled  for  country 
trade. 

Do. 

Do. 

Do. 

AVholesale  drug  store  in  Reedsville,  bottled  for  country 
trade. 

Wholesale  drug  store  in  Pittsburg. 
Do. 

From  Pittsburg,  bottled  and  labeled  "  Pure  Laudanum." 
Bottled  in  New  York. 
Bottled  in  Philadelphia. 
Bottled  in  Lancaster. 
Retail  drug  store  in  Denver,  Pa. 
Retail  drug  store  in  Liveipool. 
Retail  drug  store  in  Millersburg. 
Do. 

Retail  drug  store  in  Lititz. 

Retail  drug  store  in  Myerstown. 

Retail  drug  store  in  Womelsdorf. 

Bottled  in  Philadelphia,  for  country  trade. 

Do. 

Do. 

Wholesale  drug  store  in  Philadelphia. 


The  results  may  be  briefly  summed  up  as  follows:  There  were  in  all  seventy-seven 
samples  assayed.  Four  were  of  full  officinal  strength,  nine  more  were  near  enough 
to  come  within  the  limits  of  reasonable  error,  and  five  failed  to  yield  a  weighable 
amount  of  morphine.  One  of  these  five,  No.  32,  was  according  to  information  re- 
ceived, made  from  the  following  formula  : 

Opium,  1  ounce. 

Alcohol,  1\  pints. 

Caramel  to  color. 

Tr.  gentian  to  give  bitter  taste. 

Water,  a  sufficient  quantity  to  make  1  gallon. 
It  will  probably  be  granted  that  an  assay  would  fail  to  indicate  a  weighable 
quantity  of  morphine,  as  the  opium  was  no  doubt  poor  in  quality  to  begin  with.  It 
may  further  be  stated  that  this  sample  origiuated  in  the  same  store  as  the  artificial 
blue  ointment  and  that  the  proprietor  is  a  graduate  in  pharmacy  as  well  as  a  gradu- 
ate of  a  medical  college  in  good  standing. 

Is  the  association  now  ready  to  take  any  further  action  than  that  of  listening  to, 
adopting,  aud  printing  these  reports  ?  For  the  healthy  growth  of  every  association, 
society,  or  individual,  it  is  necessary  to  have  some  great  object  in  view,  some  important 
principle  at  stake.  Is  it  too  much,  then,  to  suggest  that  this  is  the  opportunity  of 
the  Pennsylvania  Pharmaceutical  Association  ?  Let  it  be  our  object  to  rid  the  pro- 
fession of  this  curse.  It  has  been  suggested  that  homeopathy  owes  its  success  to  our 
failure  to  have  drugs  fully  up  to  the  standard  ;  so  many  disappointments  occur  from 
the  use  of  impure  drugs  that  people  naturally  drift  into  experiments.  Great  as  are 
the  theoretical  errors  of  homeopathy,  one  branch  of  it  is  conducted,  as  a  rule,  with 
the  most  scrupulous  care,  and  that  is  the  pharmaceutical  branch. 

We  must  all  admit  that  it  is  of  importance  not  only  to  the  public,  but  also  to 
the  pharmaceutical  profession,  to  have  every  remedy  kept  up  to  the  very  highest 
standard.  When  a  pharmacist  sells  an  inferior  preparation,  he  not  only  injures  the 
buyer,  but  the  physician  and  his  brother  pharmacist  as,  well.    It  was  i>ointed  out  a 


ADULTERANTS  OF  DRUGS. 


79 


year  ago  tliat  it  was  impossible  to  buy  reliable  male  fern  in  the  market,  and  that 
condition  has  not  changed.  What  would  be  the  verdict  of  both  physician  and 
patient  when  the  drug  as  it  now  offered  was  tried?  Take  tlie  case  of  the  lime  water 
mentioned  in  this  report,  that  had  not  strength  enough  to  turn  litmus  paper,  and 
consider  if  the  sale  of  such  a  preparation  does  not  injure  both  the  pharmaceutical 
and  medical  professions. 

It  is  admitted  that  we  should  hare  obtained  samples  that  would  have  responded  to 
the  requirements  of  our  standard,  but  does  the  public  know  where  to  go  in  order  to 
do  this  ?  Can  the  physician  be  sure  that  his  patient  will  not  stray  into  one  of  those 
places  that  dispense  colored  lard  for  blue  ointment  ? 

There  is  a  class  to  which  the  attention  of  the  association  is  especially  directed, 
namely,  those  who  manufacture  and  bottle  for  the  country  trade.  The  country 
tradesman  is  utterly  ignorant  of  everything  about  the  remedies  he  sells,  except  the 
money  value. 

Certainly  it  is  not  with  him  that  we  must  first  deal,  but  with  the  one  who  supplies 
him  with  inferior  or  worthless  goods.  One  of  these  manufacturers  recently  purchased 
laudanum  of  full  strength  and  then  complaiued  because  he  could  not  mix  an  indefinite 
amount  of  water  with  it  and  still  have  a  clear  mixture  for  bottling. 

The  same  enterprising  individual  revealed  the  method  of  manufacturiug  an  "  ex- 
tract of  ginger"  with  diluted  alcohol  and  at  the  same  time  retaining  the  property  of 
becoming  cloudy  on  addition  of  water  by  the  judicious  use  of  guaiac.  Any  deficiency 
in  pungent  property  was  made  good  with  capsicum. 

It  is  hoped,  by  the  relation  of  these  few  facts,  that  the  association  will  realize  it 
is  not  the  ignorant  country  merchant  who  is  responsible,  but  the  more  educated 
manufacturer,  who  can  only  be  met  by  superior  education  and  the  strong  arm  of  law 
and  justice. 

Henry  Trimble,  Chairman. 

G.  D.  LiPPINCOTT. 

P.  W.  Lascheid. 

REPORT  OF  COMMITTEE  OX  ADULTERATIONS  AND  DETERIORATIONS,  OF  PENNSYL- 
VANIA  PHARMACEUTICAL  ASSOCIATION,  1890. 

[Extract  from*  Pennsylvania  Pharmaceutical  Association — reprint.] 

One  of  the  most  im^jortant  disclosures  during  the  year  has  been  that  of  Frank  A. 
Hennessy  (American  Journal  of  Pharmacy,  1890,  p.  276),  who  has  described  the  sys- 
tematic production,  on  a  large  scale,  of  crackers  which  are  specially  designed  for  the 
adulteration  of  ground  spices. 

The  commercial  name  of  these  crackers  is  "  spice  biscuit."  They  are  made  by  tak- 
ing a  low  grade  of  "  meal  "  from  wheat,  together  with  bakery  sweepings,  moistening 
with  water,  and  baking  the  resulting  dough,  after  it  has  been  rolled  and  cut  into 
proper  sizes,  until  a  very  hard  brown  biscuit  results.  By  the  addition  of  coloring 
matter,  three  or  four  different  varieties  are  made,  turmeric,  Spanish  brown,  and 
charcoal,  and  mixtures  of  these  are  used  to  give  the  different  colors,  which  vary  from 
a  light  brown  to  black.  After  the  thorough  baking,  the  biscuits  are  ground  into 
powders  of  various  degrees  of  fineness,  and  then  by  a  proper  mixing  the  different 
ground  spices  are  imitated  and  flavored  by  the  addition  of  volatile  oil  or  a  small 
quantity  of  the  genuine  spice.  This  industry  is  carried  on  by  a  large  steam  bakery 
company  in  Philadelphia,  and  they  have  delivered  large  quantities  of  these  biscuits 
to  a  spice  house  in  the  same  city.  These  facts  have  been  communicated  by  a  person 
having  access  to  the  building,  who,  in  addition  to  what  he  saw,  received  much  in- 
formation from  the  workmen. 

While  the  use  of  cracker  dust"  has  frequently  been  noticed  as  an  adulterant  of 
spices,  this  particular  form  appears  to  be  new.  The  high  temperature  to  which  the 
biscuits  are  submitted  and  the  careful  adjustment  of  the  amount  of  ash  are  such  as 
to  render  their  chemical  detection  a  matter  of  considerable  difficulty. 


80 


ADULTERANTS  OF  DRUGS. 


Several  investigations,  as  well  as  the  preceding,  have  been  carried  out  by  students 
in  the  chemical  laboratory  of  the  Philadelphia  College  of  Pharmacy,  under  the  direc- 
tion of  yonr  chairman.  Of  these  William  D.  Barnard  examined  commercial  ground 
cloves.  Of  ten  samples  three  were  adulterated  to  the  extent  of  50  per  cent  (as  shown 
by  the  deficiency  in  volatile  oil),  two  were  pure,  and  the  remaining  five  were  inferior. 
Frank  A.  Hennessy  found  in  a  standard  sample  of  lupulin  6.05  per  cent  of  ash  and 
b6.64  per  cent  of  ether  extract.  One  other  sample  was  similar  to  this,  while  eight 
others  contained  ash  varying  from  16.02  to  32.68  per  cent,  with  a  corresponding 
diminution  of  the  oleoresin.  The  ash  was  made  up  largely  of  sand,  which  in  one 
sample  amounted  to  26.49  per  cent  of  the  drug. 

Abraham  L.  Besore  determined  eight  samples  of  lycopodium  to  be  free  from  adul- 
teration, although  the  amount  of  ash  was  found  to  be  from  1.4  to  2.2  per  cent,  instead 
of  4  per  cent  as  usually  given  in  the  books.  This  low  ash  has  also  been  found  by  A. 
Langer  (Archiv  der  Pharm.,  March  and  April,  1889,  and  Proc.  American  Pharm. 
Asso.,  1889,  p.  430). 

David  J.  Reese  had  difficulty  in  procuring  genuine  saffron  in  the  market;  one  con- 
tained as  much  as  49.3  per  cent  of  ash  and  several  others  were  an  artificially  colored 
material  which  bore  no  resemblance  to  the  true  article. 

George  D.  Feidt  found,  on  examining  nine  samples  of  powdered  rhubarb,  that  two 
of  them  showed  the  preseuce  of  excessive  amounts  of  ash;  the  others  were  of  good 
quality. 

Jerome  P.  Churchill  analyzed  eight  samples  of  potassium  nitrate  and  found  two  of 
them  to  be  pure.  The  others  contained  from  26  to  46  per  cent  of  sodium  nitrate  and 
small  quantities  of  potassium  chloride,  which  in  no  case  exceeded  3  per  cent.  These 
results  throw  some  light  on  the  fact  that  this  salt  is  sold  at  very  variable  prices. 

Franklin  I.  Adams  purchased  twelve  samples  of  lead  water  from  as  many  retail 
druggists  of  Philadelphia  and  found  the  preparation  to  diff"er  in  physical  properties 
as  well  as  in  actual  strength.  Six  of  them  were  deficient,  one  to  the  extent  of  66  per 
cent,  while  the  other  six  were  too  strong,  three  of  them  indicating  that  Goulard's 
extract  had  been  dispensed,  although  ''lead  water"  was  on  the  labels.  Gross  care- 
lessness is  certainly  the  rule  with  this  preparation,  a  condition  sometimes  noticed 
with  other  cheap  preparations,  and  such  a  practice  can  not  be  too  strongly  con- 
demned. 

Two  members  of  the  association  have  contributed  samples  during  the  year.  Mr. 
Joseph  L.  Lemberger  sent  a  sample  of  saffron  which  contained  dried  fiber  and  a  large 
percentage  of  inorganic  matter. 

Mr.  William  L.  Turner  sent  the  result  of  picking  100  grains  of  anise,  which  amounted 
to  20  grains  of  small  fragments  of  stones,  evidently  especially  prepared  for  the  pur- 
pose.   The  anise  was  free  from  dust  and  other  adulterations. 

Such  an  instance  shows  the  importance  of  examining  the  whole  as  well  as  the 
powdered  drugs. 

Your  committee  take  this  opportunity  to  call  the  attention  of  the  association  to 
the  national  adulteration  bill  recently  pending  before  Congress  at  Washington. 
We  think  we  express  the  sentiment  of  this  association  when  we  say  that  any  law 
which  would  properly  regulate  the  adulteration  of  drugs  and  medicines  would  be 
welcome.  This  bill  was  calculated  to  work  a  great  injustice  on  the  whole  drug 
trade,  and  if  passed  would  undoubtedly  have  failed  to  accomplish  the  purpose  for 
whicji  it  was  created, 

Henry  Trimble, 
A.  Glamser, 
W.  M.  L.  Wells, 

Qomviitt^e, 


ADULTERANTS  OF  DRUGS. 


81 


DR.  tucker's  report. 


Examinations  by  Dr.  Tucker,  of  the  New  York  State  Board,  in  1890, 
show  the  following  results  : 

Alcohol,  16,  of  whicli  14  were  good,  1  was  fair,  aud  1  compound  spirits  of  ether  of 
inferior  quality — the  dealer  having  attached  a  wrong  label  to  the  bottle. 
Benzoic  acid,  6  samples  examined;  all  good. 
Subnitrate  of  bismuth,  5  samples  ;  all  good. 

Oxalate  of  cerium,  4  examinations;  1  good,  2  fair,  and  1  inferior,  containing  traces 
of  metallic  impurities. 

Chloral,  10  examinations;  6  good,  3 fair,  and  1  inferior,  containing  traces  of  hydro- 
chloric acid  and  other  impurities. 

Chloroform,  21  examinations.  The  United  States  Pharmacopceia  requires  specific 
gravity  1.485-1.490,  15'^'"  C.  (59°  F).  Of  the  samples  examined,  15  were  good,  5  fair,  and 
1  inferior.    The  grade  of  this  article  is  reported  as  greatly  improved. 

Stronger  ether  (United  States  Pharmacopcjeia  specific  gravity,  0.725,  at  15°  C.  and 
about  6  per  cent  of  alcohol),  68  samples  examined  ;  40  good,  4  fair,  22  inferior  ;  1  con- 
sisted ot  compound  spirits  of  ether,  and  1  of  sweet  spirits  of  niter,  ''most  carelessly 
sold  for  the  article  called  for." 

Diluted  hydrobromic  acid  (United  States  Pharmacopceia,  lOper  cent  absolute  acid), 
158  samples  examined ;  good  quality,  25 ;  fair,  1 ;  inferior,  6,  aud  of  excessive 
strength,  6. 

Diluted  hydrochloric  acid  (United  States  Pharmacopceia,  10  percent  absolute  acid), 
10  samples  examined ;  4  good,  4  fair,  aud  2  inferior,  running  4.40  and  6,60. 
Ipecac,  5  examined ;  4  good  and  1  fair. 

Diluted  nitric  acid  (United  States  Pharmacopceia,  10  per  cent  of  absolute  acid),  4 
tests;  1  good,  3  of  excessive  strength,  running  from  13.40  to  16.70. 
Tartrate  of  pottassium  and  sodium,  3  tests  made  ;  all  good. 
Iodide  of  potassium,  8  examinations  made  :  3  good  and  the  remainder  fair. 
Santorniu,  few  samples  ;  all  good. 

Seidlitz  powders,  7  examinations;  4  of  good  weight  and  quality,  2  rated  fair,  one 
being  17  and  the  other  20  per  cent  short  in  weight  of  blue  paper,  and  1  inferior,  the 
blue  paper  weighing  26  per  cent  short. 

Diluted  sulphuric  acid  (United  States  Pharmacopo3ia,  10  per  cent  of  officinal  sul- 
phuric acid,  and  have  a  specific  gravity  of  about  1.067),  53  samples  examined ;  38  good, 
5  fair,  1  inferior  (7  per  cent)  ;  9  possessed  excessive  strength,  running  from  14.10  to  24,80 
per  cent. 


Prof.  G.  C.  Caldwell,  public  analyst,  New  York,  in  report  of  1890, 
states  he  made  275  examinations  of  alkaloidal  preparations,  7  of  canned 
vegetables,  aud  5  of  kerosene.    Samples  bought  on  open  market. 

The  American  canned  peas  and  beans  were  all  fouud  to  be  free  fronj 
poisonous  metals. 

He  summarizes  the  alkaloidal  preparations  as  follows  : 


The  last  class  contained  about  30  per  cent  of  the  whole  as  against  34  per  cent  the 
previous  year. 

Sulphate  of  quinine,  15  samples;  7  contained  large  excess  of  foreign  alkaloids,  as 
indicated  by  Kerner's  tests,  2  contained  some,  and  6  none. 


PROFESSOR  CALDWEWs  REPORT. 


Good  , 

Passable  

Considerably  deficient 


177 

13 

85 


19150— Ko.  32- 


6 


82 


ADULTERANTS  OF  DRUGS. 


Capsules  of  quinine  sulphate:  41  analyses  were  made  of  these.  Not  one  contained 
Tvhat  was  claimed  for  them,  some  being  slightly  higher  than  was  claimed,  but  the 
majority  falling  below.  Two  samples  were  noticeably  deficient.  One  claimed  500 
grains  and  contained  50.8.  The  other  claimed  200  and  contained  51.  Both  contained 
"  very  much  "  excess  of  foreign  alkaloids,  and  both  came  from  Syracuse. 

Quinine  pills  :  99  samples  reported  as  examined.  As  in  the  case  of  the  capsules, 
none  were  what  was  claimed  for  them. 

Citrate  of  iron  and  quinine,  14  samples,  5  of  which  contained  "  much foreign  alka- 
loids, and  1  "some."    The  percentage  of  quinine  found  varied  from  7.39  to  11,52. 

Sulphate  of  morphia  pills,  35  analyses;  over  50  per  cent  were  found  to  fall  from,  10 
to  33  x>er  cent  below  the  claim. 

Hypodermic  tablets  of  morphine  sulphate,  12  samples  examined,  which  varied  in 
actual  and  claimed  weights  from  10  per  cent  to  30  per  cent. 

Tincture  of  opium  (United  States  Pharmacopoeia)  should  contain  1.2  grams  morphia 
in  100  grams  of  tincture. 

Fifteen  samples  examined,  which  ran  from  0.6  to  0.89  per  cent  only. 

EXTEACTS  FEOM  XEAY  XOEK  EEPOETS  FOE  1890. 

Compound  spirit  of  ether. — Forty-nine  samples  examined,  of  which  4  were  of  good 
quality,  while  there  were  of  fair  quality  4,  and  inferior  39.  One  sample  consisted 
of  alcohol  and  another  of  a  mixture  of  alcohol  and  chloroform.  Concerning  this 
article  I  quote  from  my  last  annual  report : 

' '  Compound  spirit  of  ether,  or  '  Hoffman's  anodyne,'  is  frequently  prescribed  by  phy- 
sicians and  often  employed  as  a  household  remedy,  and  while  an  article  of  good  qual- 
ity can  be  procured  from  responsible  manufacturers  or  prepared  without  difficulty  by 
the  intelligent  and  careful  pharmacist,  the  fact  is  that  a  spurious  article  answering 
to  none  of  the  requirements  of  the  Pharmacopoeia  is  generally  sold  in  its  stead,  because 
it  is  cheaper.  Hoffman'^s  anodyne  is  openly  quoted  at  50  cents  a  pound  in  a  recent 
price  list  published  in  a  leading  pharmaceutical  journal,  which  is  about  one  quarter 
the  price  of  the  real  article.  This  cheap,  spurious,  and  worthless  article,  obtained 
as  a  secondary  product  in  the  manufacture  of  ether,  consists  chiefly  of  alcohol,  ether, 
and  water,  with  little  or  none  of  the  ethereal  oil  upon  which  the  virtue  of  the  prepa- 
ration largely  depends.  Dealers  may  urge  that  the  sale  of  this  spurious  article  as  a 
household  remedy  to  people  who  would  complain  of  the  price  necessarily  charged  for 
a  genuine  article  is  excusable  ;  but  without  admitting  this  as  a  valid  excuse  for  dis- 
pensing a  fraudulent  and  worthless  drug,  it  is  evident  that  its  sale  in  response  to  a 
physician's  prescription  or  written  order  giving  full  title  and  specifying  '  U.  S.  P.'  is 
entirely  iuexcusable  and  unwarranted,  and  equally  blameworthy,  w-hether  due  to  ig- 
norance or  cupidity.  The  habit  of  keeping  two  qualities  of  officinal,  drugs  can  not 
be  too  strongly  condemned,  but  the  results  of  the  above  explanation  would  seem  to 
show  that  many  dealers,  so  far  as  this  preparation  is  concerned,  keep  only  one,  and 
that  a  spurious  article.  When  officinal  preparations  are  called  for  they  should  be  fur- 
nished by  the  dealers  or  no  sale  made." 

The  specific  gravity  of  this  preparation  is  not  stated  in  the  Pharmacopoeia,  but  it 
should  be  about  0.796.  As  made  by  the  j)rocess  laid  down  in  the  Pharmacopoeia  of 
1870,  inwhich  ether,  and  not  stronger  ether,  was  employed  and  more  of  the  ethereal 
oil  Avas  used,  it  had  a  specific  gravity  of  0.815  ;  but  the  specific  gravity  alone  is  no 
criterion  of  quality. 

Diluted  acetic  acid. — Forty  samples  examined,  of  which  there  were  of  good  qual- 
ity 9,  fair  6,  inferior  19,  and  of  excessive  strength,  6.  The  Pharmacopoeia  requires  6 
per  cent  of  absolute  acetic  acid.  These  samples  varied  from  1.90  to  32.80  per  cent,  and, 
rejecting  the  6  samples  of  excessive  strength,  averaged  4.6  per  cent.  Some  of  these 
samples  have  been  prepared  without  any  regard  to  accuracy,  and  in  some  cases  the 
practically  undiluted  acid  has  been  sold  It  is  not  to  be  expected  that  such  prepa- 
rations will  be  made  with  scientific  precision,  but  gross  carelessness  in  their  manufac- 


ADULTERANTS  OF  DRUGS.  83 

ture  is  inexcusable.  Diluted  acetic  acid  is  employed  in  the  preparation  of  ' '  spirit  of 
miudererus,"  and  if  it  is  below  or  above  the  proper  strength  this  solution  will  be 
either  too  weak  or  too  strong,  neither  of  which  conditions  is  desirable. 

Saffron. — Twenty-one  samples  examined,  of  which  2  were  of  good  quality,  1  was 
of  fair  quality,  and  of  the  remaining  number  17  consisted  of  "siiftiower"  (Carthanuis 
iinctorius)  and  one  of  "  crocus  martis,"  or  red  oxide  of  iron.  Concerning  the  substi- 
tution of  safflower  for  saftron,  1  quote  from  my  last  annual  report :  The  saffron  of  the 
Pharmacopa?ia  consists  of  the  stigma  of  Crocus  sativus  and  is  often  known  in  the 
trade  as  Spanish  saflron  or  true  saflron.  No  other  kind  of  salfron  is  recognized  in 
the  Pharmacopoeia,  and  when  it  is  called  for  by  its  officinal  name  no  other  article 
should  be  substituted  for  it.  Safflower  is  very  cheap,  and  is  often  called  for,  verbally, 
as  a  domestic  remedy,  under  the  name  of  saffron,  but  when  the  demand  is  for  the 
pharmacopoeial  drug  it  should  not  be  dispensed.  At  all  events,  if  offered  in  its  stead, 
the  substitution  should  be  explained;  but  no  such  explanation  was  made  in  any  of 
the  above  cases. 

Precipitated  Sulphur. — Thirty-one  samples  examined,  of  which  but  6  were  of 
good  quality,  2  were  of  fair  quality,  17  were  of  inferior  qualitity,  one  of  those  be- 
ing strongly  acid  and  the  others  containing  large  quantities  of  sulphate  of  lime,  while 
6  consisted  of  washed  sulphate  ignorautly  or  carelessly  sold  for  precipitated  sulphur. 
Concerning  this  article  I  quote  from  my  last  annual  report: 

"The  sale  of  common  lac  suljjliur  for  the  officinal  precipitated  sulphur  is  entirely 
inexcusable.  It  is  loaded  with  sulphate  of  lime,  and  since  precipitated  sulphur  of 
good  quality  is  easily  obtainable  in  the  market  at  a  slightly  higher  price,  this  sub- 
stitution ought  never  to  be  made  :  but  the  above  results  show  that  the  proper  article 
was  sold  in  less  than  half  the  cases.  Pharmacists  ought  to  be  familiar  with  the  vari- 
ous grades  of  the  medicinal  articles  in  which  they  deal,  and  a  good  result  will  be 
accomplished  if,  by  calling  attention  to  errors  of  this  kind,  an  improvement  in  this 
respect  can  be  brought  about.  The  tests  by  which  genuine  precipitated  sulphur  can 
be  distinguished  from  the  impure  commercial  article  are  laid  down  in  the  Pharma- 
copceia,  and  are  easily  applied  by  the  retailer.  In  this  case,  however,  he  hardly 
needs  even  to  make  a  test,  for  the  x>rico  he  pays  and  name  uuder  which  he  buys  suf- 
ficiently indicate  the  quality  of  the  article  supplied  him." 

Quinine. — Fifteen  different  pill  masses  were  made  from  different  samples  of  quinine 
sulphate  that  gave  no  reaction  with  Kerner's  test;  the  residue  of  quiuia  obtained  by 
precipitation  with  sodium  hydrate  from  tbe  solution  of  each  of  these  pill  masses,  and 
extraction  with  ether,  was  dissolved  in  dilute  sulphuric  acid,  the  solution  was  nearly 
neutralized  with  ammonia,  and  allowed  to  crystallize.  The  sulphate  thus  obtained 
was  collected  on  a  filter,  dried,  and  subjected  to  Kerner's  test,  precisely  as  described 
in  my  report  for  18^6  (Seventh  Annual  Report,  New  York  State  Board  of  Health,  p. 
438).    In  no  case  was  any  reaction  obtained. 

Ten  samples  of  citrate  of  iron  and  quinine,  prepared  also  from  sulphate  of  quinine 
that  gave  originally  no  reaction  with  Kerner's  test,  were  treated  in  a  similar  manner' 
and  with  like  results.  It  may  be  considered  as  satisfactorily  established  by  the  re- 
sults of  these  25  tests  that  if  in  the  manufacture  of  pills  of  sulphate  of  qninine,  or  of 
citrate  of  iron  and  quinine,  a  quinia  salt  is  used  that  will  give  no  reaction  for  excess 
of  foreign  alkaloids  with  Kerner's  test,  the  recrystallized  sulphate  prepared  in  the 
manner  described  above  from  the  quinia  weighed  in  my  assays  will  nut  give  the  re- 
action ;  and  that  if  it  does  give  the  reaction,  the  inference  is  a  fair  one  that  the  salt 
used  in  the  preparation  of  the  sample  would  itself  have  shown  evidence  of  excess  of 
foreign  alkaloids. 

A  large  number  of  samples  of  capsules  of  sulphate  of  quinine  have  been  examined 
in  the  course  of  the  past  year.  Some  of  the  results  show  what  might  be  expected 
from  the  manner  in  which  the  capsules  are  sometimes  filled,  that  the  quantity  of  the 
salt  contained  in  different  capsules  put  up  in  the  same  pharmacy,  in  some  cases 
varies  so  widely  that  the  variation  may  be  a  matter  of  considerable  importance,  to 
say  nothing  of  the  oftentime  serious  deficiency  or  great  excess  in  amount.  Three 


84 


ADULTERANTS  OF  DRUGS. 


different  assays  of  one  2-graiu  sample  gave  172,  192,  and  202  grains  of  sulphate  per 
himdred  capsules  ;  of  auother,  a  H-grain  sample,  269,  363,  and  352  grains  per  hundred 
capsules;  of  another,  5-grain,  497,  465,  and  423  grains  per  hundred  capsules;  of 
auother,  5- grain,  348,  392,  and  368  grains,  instead  of  500  claimed  ;  of  another,  5-grain, 
61,  49,  and  43  grains,  instead  of  500,  and  so  on.  That  the  fault  was  in  the  capsules 
and  not  in  the  analysis  was  shown  by  the  fact  that  if  a  large  number  of  them  were 
dissolved  up  together  and  carefully  weighed  portions  of  this  solution  were  analyzed, 
closely  agreeing  results  were  obtained. 

Concerning  citrate  of  iron  and  quinine,  some  druggists  make  it  according  to  the 
Pharmacopoeia  of  1870,  requiring  that  it  shall  contain  but  10  per  cent  of  quinia.  A 
similar  course  appears  to  be  followed  in  some  cases  in  regard  to  tincture  of  opium, 
which  the  later  Pharmacopojia  requires  to  be  of  a  higher  strength  than  the  older  one 
demands.  Further,  some  druggists  use  the  gum  opium,  or  sometimes  what  they  call 
puddled  opium,  in  making  the  tincture  instead  of  the  powdered  opium,  as  required 
by  the  Pharmacopoeia  of  1880.  To  avoid  any  ambiguity  in  the  requirement  in  sec- 
tion 3,  article  1,  of  the  act  to  prevent  the  adulteration  of  food  or  drugs,  chapter  407, 
Laws  of  1881,  which  might  be  used  as  a  cover  for  incorrect  practice,  I  would  suggest 
that  for  the  word  therein  "  the  words  "  iu  the  latest  authorized  edition  thereof  '' 
be  substituted. 

The  importance  of  continuing  to  devote  a  large  part  of  the  work  to  quinine  prepa- 
rations is,  I  think,  justified  by  the  statement  made  to  my  collector  that  some  drug- 
gists sell  as  many  as  200,000  2-grain  pills  annually,  and  that  50,000  is  the  estimate 
made  of  the  average  number  sold  by  a  druggist  doing  an  ordinary  business. 


POISONS  IN  MANUFACTURED  ARTICLES. 


While  doubtless  outside  of  the  legitimate  province  of  this  report,  no- 
tice is  taken  of  the  following  cases  to  show  the  extent  to  w^hich  the 
practice  of  imitation  and  deterioration  is  carried  for  the  purpose  of  mak- 
ing money. 

The  dyes  in  stockings  is  a  common  process  of  poisoning.  The  lead 
used  in  hat  bands  has  been  found  to  create  headache  and  in  one  case 
caused  serious  illness.  Wall  papers  are  often  the  source  of  poisoning 
cases,  and  the  dyes  in  stockings  have  been  known  in  several  instances 
to  cause  death.  The  most  recent  case  of  this  character  brought  to  my 
attention  was  the  death  in  Philadelphia  during  the  past  year  of  a  lady 
from  "blood  poisoning,"  caused  by  wearing  a  pair  of  Lisle  gloves,  the 
coloring  matter  from  which  got  into  the  blood  from  a  needle  prick  on 
her  finger.  Grange  No.  38,  Massachusetts,  directed  attention  to  this 
matter  on  June  29, 1878,  and  Worthy  Master  Ware,  of  the  State  Grange, 
issued  a  cautionary  circular  on  the  subject.  This  circular  can  be  found 
on  page  43  of  the  Maryland  Health  Eeport  for  1888.  It  is  an  interest- 
ing article. 

85 


STATE  iND  OTHER  LAW8  RELATINfi  TO  FOODS  AND  BEVERAGES. 


ILLINOIS  LAWS. 

AN  ACT  to  prevent  and  ptinisli  the  adulteration  of  articles  of  food,  drink,  and  medicine,  and  the 
sale  thereof  when  adulterated. 

Be  it  enacted  hy  the  people  of  tlie  State  of  Illinois  represented  in  the  general  assembly, 
That  no  person  shall  mix,  color,  stain,  or  powder,  or  order  or  permit  any  other  person 
in  his  or  her  em^iloy  to  mix,  color,  stain,  or  powder  any  article  of  food  with  any 
ingredient  or  material  so  as  to  render  the  article  injurious  to  health  or  depreciate 
the  value  thereof,  with  intent  that  the  same  may  be  sold ;  and  no  person  shall  sell  or 
offer  for  sale  any  such  article  so  mixed,  colored,  stained,  or  powdered. 

Sec.  2.  No  person  shall,  except  for  the  j)urpose  of  compounding  in  the  necessary 
preparation  of  medicine,  mix,  color,  stain,  or  powder,  or  order  or  permit  any  other 
person  to  mix,  color,  stain,  or  powder  any  drug  or  medicine  with  any  ingredient  or 
material  so  as  to  affect  injuriously  the  quality  or  potency  of  such  drug  or  medicine, 
with  intent  to  sell  the  same,  or  shall  sell  or  offer  for  sale  any  such  drug  or  medicine 
so  mixed,  colored,  stained,  or  powdered. 

Sec.  3.  No  XDcrson  shall  mix,  color,  stain,  or  powder  any  article  of  food,  drink,  or 
medicine,  or  any  article  which  enters  into  the  composition  of  food,  drink,  or  medi- 
cine, with  any  other  ingredient  or  material,  whether  injurious  to  health  or  not,  for 
the  purpose  of  gain  or  profit,  or  sell  or  offer  the  same  for  sale,  or  order  or  permit  any 
other  jjerson  to  sell  or  offer  for  sale,  any  article  so  mixed,  colored,  stained,  or  pow- 
dered, unless  the  same  be  so  manufactured,  used,  or  sold,  or  offered  for  sale,  under  Its 
true  and  appropriate  name,  and  notice  that  the  same  is  mixed  or  impure  is  marked, 
printed,  or  stamped  upon  each  package,  roll,  parcel,  or  vessel  containing  the  same, 
so  as  to  be  and  remain  at  all  times  readily  visible,  or  unless  the  person  purchasing 
the  same  is  fully  informed  by  the  seller  of  the  true  name  and  ingredients  (if  other 
than  such  as  are  known  by  the  common  name  thereof)  of  such  article  of  food,  drink, 
or  medicine,  at  the  time  of  making  sale  thereof,  or  offering  to  sell  the  same. 

Sec.  4.  No  person  shall  mix  oleomargarine,  suine,  butterine,  beef  fat,  lard,  or  any 
other  foreign  substance  with  any  butter  or  cheese  intended  for  human  food  without 
distinctly  marking,  stamping,  or  labeling  the  article,  or  the  package  containing  the 
same,  with  the  true  and  appropriate  name  of  such  article,  and  the  percentage  in 
which  such  oleomargarine  or  suine  enters  into  its  composition ;  nor  shall  any  person 
sell,  or  offer  for  sale,  or  order  or  permit  to  be  sold  or  offered  for  sale,  any  such  article 
of  food  into  the  composition  of  which  oleomargarine  or  suine  has  entered,  without 
at  the  same  time  informing  the  buyer  of  the  fact  and  the  proportions  in  which  such 
oleomargarine,  suine,  or  butterine,  beef  fiit,  lard,  or  any  other  foreign  substance  has 
entered  into  its  composition:  Provided,  That  nothing  in  this  act  shall  be  so  con- 
strued as  to  j)revent  the  use  of  harmless  coloring  matter  in  butter  and  cheese  or 
other  articles  of  food. 

Sec.  5.  Any  person  convicted  of  violating  any  provision  of  any  of  the  foregoing 
sections  of  this  act  shall,  for  the  first  offense,  be  fined  not  less  than  twenty-five 
dollars  ($25)  nor  more  thau  two  hundred  dollars  ($200) ;  for  the  second  offense  he 

87 


88 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


shall  l>e  fined  not  less  than  one  hundred  dollars  ($100)  nor  more  than  two  hundred 
dollars  ($200),  or  confined  in  the  county  jail  not  less  than  one  month  nor  more  than 
six  months,  or  both,  at  the  discretion  of  the  court,  and  for  the  third  and  all  subse- 
quent ofi'enses  he  shall  be  fined  not  less  than  five  hundred  dollars  ($500)  nor  more 
than  two  thousand  dollars  ($2,000),  and  imprisoned  in  the  penitentiary  not  less  than 
one  year  and  not  more  than  five  years. 

Sec.  6.  No  person  shall  be  convicted  under  any  of  the  foregoing  sections  of  this 
act  if  he  shows  to  the  satisfaction  of  the  court  or  jury  that  he  did  not  know  that  he 
was  violating  any  of  the  provisions  of  this  act,  and  that  he  could  not  with  reason- 
able diligence  have  obtained  the  knowledge. 

Sec.  7.  The  State's  attorneys  of  this  State  are  charged  with  the  enforcement  of 
this  act,  and  it  is  hereby  made  their  duty  to  appear  for  the  people  and  to  attend  to 
the  prosecution  of  all  complaints  under  this  act  in  their  respective  counties  in  all 
courts. 

Sec.  8.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

Approved  June  1,  1881. 

PENALTY  FOR  ADULTERATION  OF  BUTTER  AND  CHEESE, 

A'N  ACT  to  prevent  the  adultei-ation  of  butter  and  clieese,  or  the  sale  or  disposal  of  the  same,  or  the 
manufacture  or  sale  of  any  article  as  a  substitute  for  butter  or  cheese,  or  any  article  to  be  used  as 
butter  and  cheese. 

Be  it  enacted  hy  the  people  of  the  State  of  Illinois  represented  in  the  general  assembly, 
That  whoever  manufactures  out  of  any  oleaginous  substances,  or  any  compound  of 
the  same  other  than  that  produced  from  unadulterated  milk,  or  cream  from  the  same, 
any  article  assigned  to  take  the  place  of  butter  or  cheese  produced  from  pure,  un- 
adulterated milk,  or  cream  of  the  same,  and  shall  sell,  or  olfer  for  sale,  the  same  as 
butter  or  cheese,  or  give  to  any  person  the  same  as  an  article  of  food,  as  butter  or 
cheese,  shall,  on  conviction  thereof,  be  fined  not  less  than  twenty-five  dollars  ($25) 
nor  more  than  two  hundred  dollars  ($200). 

Sec.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

Approved  June  1,  1881. 

INDIANA. 

In  reply  to  a  letter  of  inquiry  addressed  to  Dr.  0.  W.  Metcalf,  secre- 
tary of  the  State  Board  of  Health,  he  wrote  as  follows  :  "  We  have  no 
dairy  and  food  commissioners  and  no  laws  upon  the  subject." 

IOWA. 
[Chapter  LIL] 

AN'  ACT  to  prevent  deception  in  the  manufacture  and  sale  of  imitation  butter  and  cheese. 

Be  it  enacted  by  the  general  assembly  of  the  Slate  of  Io  wa,  That  for  the  purposes  of  this 
act  every  article,  substance,  or  compound  other  than  that  produced  from  pure  milk, 
or  cream  from  the  same,  made  in  the  semblance  of  butter,  and  designed  to  be  used 
as  a  substitute  for  butter  made  from  pure  milk,  or  cream  from  the  same,  is  hereby 
declared  to  be  imitation  butter;  and  that  for  the  purposes  of  this  act  every  article, 
substance,  or  compound  other  than  that  produced  from  pure  milk^  or  cream  from  the 
same,  made  in  the  semblance  of  cheese,  and  designed  to  be  used  as  a  substitute  for 
cheese  made  from  pure  milk,  or  cream  from  the  same,  is  hereby  declared  to  be  imita- 
tion cheese:  provided  that  the  use  of  salt,  rennet,  and  harmless  coloring  matter  for 
coloring  the  product  of  pure  milk  or  cream,  shall  not  be  construed  to  render  such 
product  an  imitatiou. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES.  89 


Sec.  2.  Each  person  who  manufactures  imitation  butter  or  imitation  cheese  shall 
mark  by  branding,  stamping,  and  stenciling  upon  the  top  and  sides  of  each  tub, 
firkin,  box,  or  other  package  in  which  such  articles  shall  be  kept,  and  in  which  ic 
shall  be  removed  from  the  place  where  it  is  produced,  in  a  clear  and  durable  manner, 
in  the  English  language,  the  name  of  the  contents  thereof  as  herein  designated,  in 
printed  letters  in  plain  Roman  type,  each  of  which  shall  not  be  less  than  one  inch  in 
length  by  one-half  of  an  inch  in  width.  Every  person  who  by  himself  or  an- 
other violates  the  provisions  of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  to  exceed  two  hundred  and  fifty  dol- 
lars, or  by  imprisonment  iu  the  county  jail  not  to  exceed  sixty  days. 

Sec.  3.  No  person  by  himself  or  another  shall  knowingly  ship,  consign,  or  forward 
by  any  common  carrier  whether  public  or  private,  any  imitation  butter  or  imitation 
cheese,  unless  the  same  be  marked  as  provided  by  section  two  of  this  act;  and  no 
carrier  shall  knowingly  receive  for  the  purpose  of  forwarding  or  transporting  any 
imitation  butter  or  imitation  cheese,  unless  it  shall  be  marked  as  hereinbefore  pro- 
vided, consigned,  and  by  the  carrier  receipted  for  by  it3  name  as  designated  by  this 
act;  provided  that  tbis  act  shall  not  apply  to  any  goods  in  transit  between  foreign 
States  and  across  the  State  of  Iowa. 

Sec.  4.  No  person  shall  knowingly  have  in  his  possession  or  under  his  control  any 
imitation  butter  or  imitation  cheese  unless  the  tub,  firkin,  box,  or  other  package  con- 
taining the  same  be  clearly  and  durably  marked,  as  provided  by  section  two  of  this 
act;  provided  that  this  section  shall  not  be  deemed  to  apply  to  persons  who  have 
the  same  in  their  possession  for  the  actual  consumption  of  themselves  or  family. 

Sec.  5.  No  person  by  himself  or  another  shall  knowingly  sell  or  offer  for  sale  imita- 
tion butter  or  imitation  cheese  under  the  name  of  or  under  the  pretense  that  the  same 
is  pure  butter  or  pure  cheese ;  and  no  person  by  himself  or  another  shall  knowingly 
sell  any  imitation  butter  or  imitation  cheese,  unless  he  shall  have  informed  the  pur- 
chaser distinctly  at  the  time  of  the  sale  that  the  same  is  imitation  butter  or  imitation 
cheese,  as  the  case  may  be,  and  shall  have  delivered  to  the  purchaser  at  the  time  of 
the  sale  a  statement  clearly  printed  in  the  English  language,  which  shall  refer  to  the 
articles  sold,  and  which  shall  contain  in  prominent  and  plain  Roman  type  the  name 
of  the  article  sold,  as  fixed  by  this  act,  and  shall  give  the  name  and  place  of  business 
of  the  maker. 

Sec.  6.  No  keeper  of  a  hotel,  boarding  house,  restaurant,  or  other  public  place  of 
entertainment  shall  knowingly  place  before  any  patron  for  use  as  food  any  imitation 
butter  or  imitation  cheese,  unless  the  same  be  accompanied  by  a  placard  containing 
the  nam©  in  English  of  such  article,  as  fixed  by  this  act,  printed  in  plain  Roman 
type.    Each  violation  of  this  section  shall  be  deemed  a  misdemeanor. 

Sec.  7.  No  action  can  be  maintained  on  account  of  any  sale  or  other  contract  made 
in  violation  of  or  with  intent  to  violate  this  act  by  or  through  any  person  who  was 
knowingly  a  party  to  such  wrongful  sale  or  other  contract. 

Sec.  8.  Every  person  having  possession  or  control  of  any  imitation  butter  or  imita- 
tion cheese  which  is  not  marked  as  required  by  the  provisions  of  this  act,  shall  be 
presumed  to  have  known  daring  the  time  of  such  possession  or  control  the  true 
character  and  name  as  fixed  by  this  act  of  such  imitation  product. 

Sec.  9.  Whoever  shall  eftace,  erase,  cancel,  or  remove  any  mark  provided  for  by 
this  act,  with  intent  to  mislead,  deceive,  or  to  violate  any  of  the  provisions  of  this 
act,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  10.  Whoever  shall  violate  any  of  the  provisions  of  the  third,  fourth,  and  fifth 
sections  of  this  act  shall,  for  the  first  oftense,  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars,  or  by  imprisonment  not  exceeding 
thirty  days,  and  for  each  subsequent  offense  shall  be  punished  by  a  fine  of  not  less 
than  two  hundred  and  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  thirty  days  nor  more  than  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 


90 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


Sec.  ll.  The  governor  shall,  on  or  before  the  first  day  of  April  of  each  even-ijum- 
"bered  year,  appoint  an  officer,  who  shall  be  known  as  the  Iowa  State  dairy  commis- 
sioner, who  shall  have  practical  experience  in  the  manufacture  of  dairy  products, 
and  who  shall  hold  his  office  for  the  term  of  two  years  from  the  first  day  of  May  fol- 
lowing his  appointment,  or  until  his  successor  is  appointed  and  qualified.  Said  com- 
missioner sKall  give  an  official  bond  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office  in  the  sum  of  ten  thousand  dollars,  with  sureties  to  be  approved 
by  the  governor.  He  may  be  removed  from  office  by  the  governor,  with  the  approval 
of  the  executive  council,  for  neglect  or  violation  of  duty.  Any  vacancy  shall  be 
filled  by  the  appointment  of  the  governor,  and  with  the  advice  and  couseut  of  the 
executive  council. 

Sec.  12.  The  State  dairy  commissioner  shall  receive  a  salary  of  fifteen  hundred 
dollars  per  annum,  payable  monthly,  and  the  expenses  necessarily  incurred  in  the 
proper  discharge  of  the  duties  of  his  office  :  Provided,  That  a  complete  itemized  state- 
ment of  all  expenses  shall  be  kept  by  the  commissioner,  and  by  him  filed  with  the 
auditor  of  Slate  after  having  been  duly  verified  by  him  before  receiving  the  same. 
He  shall  be  furnished  a  room  in  the  agricultural  department  of  the  capitol  at  Des 
Moines,  in  which  he  shall  keep  his  office  and  all  correspondence,  documents,  records, 
and  property  of  the  State  pertaining  thereto,  all  of  which  shall  be  turned  over  to  his 
successor  in  office.  Pie  may,  if  it  is  found  to  be  necessary,  employ  a  clerk,  whose  sal- 
ary shall  not  exceed  the  sum  of  fifty  dollars  per  month,  said  salaries  and  expenses 
to  be  paid  from  tlie  appropriation  provided  for  in  section  seventeen  of  this  act.  The 
commissioner  provided  for  by  this  act  shall  hold  no  other  official  position  under  the 
laws  of  Iowa,  or  a  professorship  in  any  of  the  State  institutions. 

Sec.  13.  It  shall  be  the  duty  of  the  State  dairy  commissioner  to  secure,  so  far  as 
possible,  the  enforcement  of  this  act.  He  shall  collect,  arrange,  and  present  in  an- 
nual reports  to  the  governor,  on  or  before  the  first  of  November  of  each  year,  a 
detailed  statement  of  all  matters  relating  to  the  purposes  of  this  act,  which  he  shall 
deem  of  public  importance,  including  the  receipts  and  disbursements  of  this  office. 
Such  report  shall  be  published  with  the  report  of  the  State  Agricultural  Society. 

Sec.  14.  The  State  dairy  commissioner  shall  have  power  in  all  cases  where  he  shall 
deem  it  important  for  the  discharge  of  the  duties  of  his  office,  to  administer  oaths,  to 
issue  subpoenas  for  witnesses,  and  to  examine  them  under  oath,  and  to  enforce  their 
attendanc3  to  the  same  extent  and  in  the  same  manner  as  a  justice  of  the  peace  may 
now  do,  and  such  witnesses  shall  be  paid  by  the  commissioner  the  same  fees  now 
allowed  witnesses  injustices'  courts. 

Sec.  15.  Whoever  shall  have  possession  or  control  of  any  imitation  butter  or  imita- 
tion cheese  contrary  to  the  provisions  of  this  act  shall  be  construed  to  have  posses- 
sion of  property  with  intent  to  use  it  as  a  means  of  committing  a  public  offense 
within  the  meaning  of  chapter  50  of  title  25  of  the  code :  Provided,  That  it  shall  be 
the  duty  of  the  officer  who  serves  a  search  warrant  issued  for  imitation  butter  or  Imi- 
tation cheese,  to  deliver  to  the  State  dairy  commissioner,  or  to  any  person  by  such 
commissioner  authorized  in  writing  to  receive  the  same,  a  perfect  sample  of  each  arti- 
cle seized  by  virtue  of  such  warrant,  for  the  purpose  of  having  the  same  analyzed, 
and  forthwith  to  return  to  the  person  from  whom  it  was  taken  the  remainder  of  each 
article  seized  as  aforesaid.  If  any  sample  be  found  to  be  imitation  butter  or  imita- 
tion cheese  it  shall  be  returned  to  and  retained  by  the  magistrate  as  and  for  the  pur- 
pose contemplated  by  section  4648  of  the  code,  but  if  any  sample  be  found  not  to  be 
imitation  butter  or  imitation  cheese,  it  shall  be  returned  forthwith  to  the  person  from 
whom  it  was  taken. 

Sec.  16.  It  shall  be  the  duty  of  the  court  in  each  action  for  the  violation  of  this  act 
to  tax  as  cost  in  the  cause  the  actual  and  necessary  expense  of  analyzing  the  alleged 
imitation  butter  or  imitation  cheese,  which  shall  be  in  controversy  in  such  proceed- 
ings, provided  that  the  amounts  so  taxed  shall  not  exceed  the  sura  of  twenty-five  dol- 
lars.   It  shall  be  the  duty  of  the  district  or  county  attorney,  upon  the  application  of 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


91 


the  dairy  corauiissioner,  to  attend  to  tlie  prosecution,  in  the  name  of  the  State,  of 
any  suit  brought  for  the  violation  of  any  of  the  provisions  of  this  act  within  his  dis- 
trict; and  in  case  of  conviction  he  shall  receive  twenty-five  per  cent  of  the  fines  col- 
lected, which  shall  be  in  addition  to  any  salary  he  may  receive,  to  be  taxed  as  costs 
in  the  case. 

Sec.  17.  That  the  unexpended  portion  of  the  appropriation  provided  for  by  section 
17  of  the  52d  chapter  of  the  twenty-first  general  assembly,  is  hereby  appropriated  for 
the  next  biennial  period,  or  so  much  thereof  as  may  be  necessary  for  the  proper  car- 
rying out  of  the  purposes  of  the  act ;  but  not  more  than  one-half  of  said  unexpended 
balance  shall  be  drawn  from  the  State  treasury  prior  to  the  1st  day  of  May,  1889.  The 
amount  hereby  appropriated  shall  be  expended  only  under  the  direction  and  with  the 
approval  of  the  executive  council.  And  all  salaries,  fees,  costs,  and  expenses  of 
every  kind  incurred  in  the  carrying  out  of  this  law  shall  be  drawn  from  the  sum  so 
appropriated. 

Sec.  18.  Chapter  39  of  the  acts  of  the  eighteenth  general  assembly  of  Iowa,  and  all 
acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Sec.  19.  This  act  being  deemed  of  immediate  importance,  shall  take  effect  and  be 
in  force  from  and  after  its  publication  in  the  Iowa  State  Register  and  Iowa  Home- 
stead, newspapers  published  in  Des  Moines,  Iowa. 

Approved  March  27,  1886. 

Amendments  approved  March  28,  1888. 

Law  pertaining  to  milk,  as  enacted  by  the  thirteenth  general  assem- 
bly, and  found  in  the  code  of  Iowa,  chapter  156,  section  4042. 

adulterated  milk,  cheese,  or  butter. 

Sec.  4042.  If  any  person  knowingly  sell  to  another,  or  knowingly  deliver  or  bring 
to  another  to  be  manufactured,  to  any  cheese  or  butter  manufactory  in  this  State, 
any  milk  diluted  with  water,  or  in  any  way  adulterated,  or  milk  from  which  any 
cream  has  been  taken,  or  milk  commonly  known  as  "  skimmed  milk,"  or  shall  keep 
back  any  part  of  the  milk  known  as  "  strippings,"  with  intent  to  defraud,  or  shall 
knowingly  sell  the  milk,  the  product  of  a  diseased  animal  or  animals,  or  shall  know- 
ingly use  any  poisonous  or  deleterious  material  in  the  manufacture  of  cheese  or  but- 
ter, he  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars,  or  be  liable  in  double  the  amount  of  dam- 
ages to  the  person  or  persons,  firm,  association,  or  corporation  upon  whom  such  fraud 
shall  be  committed. 

MAINE. 
Lard  Law. 

[State  of  Maine  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty -nine.] 
AIST  ACT  to  prevent  fraud  in  the  sale  of  lard. 

Be  it  enacted  hy  the  senate  and  liouse  of  representatives  in  legislature  assembled,  No  man- 
ufacturer or  other  person  shall  sell,  deliver,  prepare,  put  up,  expose,  or  offer  for  sale 
any  lard,  or  any  article  intended  for  use  as  lard,  which  contains  any  ingredient  but 
the  pure  fat  of  swine,  iu  any  tierce,  bucket,  pail,  or  other  vessel  or  wrapper,  or  under 
any  label  bearing  the  words  "pure,"  ''refined,"  ''family,"  or  either  of  them,  alone 
or  in  combination  with  other  words,  unless  every  vessel,  wrapper,  or  label  in  or  under 
which  such  article  is  sold  or  delivered  or  prepared,  put  up  or  exposed  for  sale,  bears 
on  the  top  or  outer  side  thereof,  in  letters  not  less  than  one-half  inch  in  length  and 
plainly  exposed  to  view,  the  words  "  compound  lard." 

Sec.  2.  Any  person  who  violates  any  provision  hereof  shall  forfeit  the  sum  of  fifty 
dollars  to  the  use  of  any  person  suing  therefor,  in  an  action  of  debt. 


92 


LAWS  RELATING  TO  FOODS  AXD  BEVERAGES. 


In  House  of  Representatives,  March  1,  1889. 
This  bill  having  had  three  several  readings,  passed  to  be  enacted. 

Fred.  N.  Dow,  SpeaT^er. 

In  Senate,  March  2,  1889. 
This  bill  having  had  two  several  readings,  passed  to  be  enacted. 

Henry  Lord,  President. 

March  2,  1889. 

Approved. 

Edwin  C.  Burleigh,  Governor. 
Adulteration  of  Food  and  Drinks. 

A  part  of  chapter  128  of  the  revised  statutes  of  Maine,  and  amendments  belonging  thereto,  relating  to 
adulteration  of  food  and  drinks.  1 

Section  x  *  *  *  Whoever  sells  diseased,  corrupted,  or  unwholesome  provisions 
for  food  or  drink,  knowing  it  to  be  such,  without  informing  the  buyer,  or  fraudulently 
adulterates  for  the  purpose  of  sale,  any  substance  intended  for  food,  or  any  wine, 
spirits,  or  other  liquors  intended  for  drink,  so  as  to  render  them  injurious  to  health, 
shall  be  punished  by  imprisonment  for  not  more  than  five  years,  or  by  fine  not  exceed- 
ing one  thousand  dollars,  etc. 

Sec.  3  (as  amended  by  public  laws,  1885).  Whoever,  by  himself  or  his  agent,  man- 
ufactures, sells,  exposes  for  sale,  or  has  in  his  possession  with  intent  to  sell  any  arti- 
cle, substance,  or  compound  made  in  imitation  of  butter  or  cheese,  or  as  a  substitute 
for  butter  or  cheese,  and  not  made  exclusively  and  wholly  of  cream  or  milk,  or  con- 
taining any  fats,  oils,  or  grease  not  produced  from  milk  or  cream,  whether  said  article, 
substance,  or  compound  be  named  oleomargarine,  butterine,  or  otherwise  named,  for- 
feits for  the  first  ofiense  one  hundred  dollars  and  for  the  second  and  each  subsequent 
offense  two  hundred  dollars,  to  be  recovered  by  individual  with  costs,  etc. 

Sec.  7.  Whoever  adulterates  sugar  or  molasses,  or  knowingly,  willfully,  or  mali- 
ciously sells  or  offers  or  exposes  for  sale  sugar  or  molasses,  adulterated  with  salts  of 
tin,  terra  alba,  glucose,  dextrine,  starch  sugar,  corn  syrup,  or  other  preparation  from 
starch,  shall  be  punished  by  a  fine  not  exceeediug  five  hundred  dollars  or  by  impris- 
onment for  not  more  than  one  year. 

Sec.  8.  Whoever  manufactures  for  sale  or  knowingly  offers  or  exposes  for  sale,  or 
knowingly  causes  to  be  branded  or  marked  as  cider  vinegar  any  vinegar  not  the 
legitimate  product  of  pure  apple  juice,  known  as  apple  cider,  and  not  made  exclu- 
sively therefrom,  but  into  which  any  foreign  substance,  ingredient,  drug,  or  acid  has 
been  introduced  as  appears  by  proper  tests,  shall  for  each  offence  be  fined  not  less 
than  fifty  nor  more  than  one  hundred  dollars. 

{Chapter  244  of  public  laws  of  the  State,  1889.] 

No  manufacturer  or  other  person  shall  sell,  deliver,  prepare,  put  up,  expose,  or  offer 
for  sale  any  lard,  or  any  article  intended  for  use  as  lard,  which  contains  any  ingre- 
dient but  the  pure  fat  of  swine,  in  any  tierce,  bucket,  pail,  or  other  vessel  or  wrap- 
per, or  under  any  label  bearing  the  words  "pure,"  "refined,"  "  family,"  or  either  of 
them  alone  or  in  combination  with  other  words,  unless  every  vessel,  wrapper,  or 
label  in  or  under  which  such  article  is  sold  or  delivered  or  prepared,  put  up  or  ex- 
posed for  sale,  bears  on  the  top  or  outer  side  thereof,  in  letters  not  less  than  one-half 
inch  in  length  and  plainly  exposed  to  view  the  words  "compound  lard."  Penalty, 
fifty  dollars. 

[Chapter  257  of  the  public  laTVS  of  the  State,  1889.] 

No  manufacturer  or  other  persou  shall  sell,  prepare,  deliver,  put  up,  expose,  or  offer 
for  sale  any  article,  substance,  or  compound  under  or  by  the  name  of  wheat,  meal, 
graham  meal,  or  graham  flour  made  in  imitation  of  pure  wheat  meal  and  not  consist- 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


93 


ing  exclusively  and  wholly  of  pure  w  heat  meal,  unless  every  box,  bucket,  barrel,  or 
wrapper  in  or  under  which  such  article  is  sold,  delivered,  or  exposed  for  sale  bears 
on  the  top  or  outer  side  thereof,  in  letters  not  less  than  half  inch  in  length,  and 
plainly  exposed  to  view  the  words  "  compound  wheat."   Penalty,  fifty  dollars. 

MARYLAND. 

LCliapter  604  of  the  acts  of  18S0.] 

A'N  ACT  to  add  additional  sections  to  article  forty-three  of  the  code  of  public  general  laws,  title 
"Health,"  to  be  numbered  "sections  forty-eight,  forty-nine,  fifty,  fiftj-one,  fifty-two,  fifty -three, 
fifty-four,  fifty-five,  fifty-sis  and  fifty-seven,"  so  as  to  provide  for  the  prevention  of  the  adultera- 
tion of  articles  of  food  and  drink,  and  the  sale  thereof  when  adulterated  or  unwholesome. 

Be  it  enacted  hy  the  general  assemhly  of  Maryland,  That  the  following  sections  shall 
be  added  to  article  forty-three  of  the  code  of  public  general  laws,  to  read  as  follows: 

Sec.  48.  That  no  person  shall  mix,  color,  stain,  or  otherwise  sophisticate  any  article 
of  food  or  drink  with  any  other  ingredient  or  material  for  the  purpose  of  gain  or  profit, 
nor  shall  sell  or  otfer  for  sale  or  order  or  permit  any  employ^  or  other  person  to  sell  or 
offer  for  sale  any  article  so  mixed,  colored,  stained,  or  otherwise  sophisticated,  unless 
the  same  be  so  manufactured,  used,  or  sold,  or  offered  for  sale  under  its  true  and  ap- 
propriate name,  and  unless  a  notice  that  the  same  is  mixed  or  impure  is  marked, 
printed,  or  stamped  upon  each  package,  roll,  parcel,  or  vessel  containing  the  same,  so 
as  to  be  and  remain  at  all  times  readily  visible,  or  unless  the  person  purchasing  the 
same  is  fully  informed  by  the  seller  of  the  true  name  and  ingredients  (if  other  than 
such  as  are  known  by  the  common  nam  e  thereof,  of  such  article  of  food  or  drink  at  the 
time  of  making  sale  thereof  or  offering  to  sell  the  same. 

Sec  49.  That  no  person  shall  mix  any  glucose,  grape  sugar,  or  other  article  of  adul- 
teration with  any  syrup,  honey,  or  sugar  intended  for  human  food,  or  any  oleomarga- 
rine, suine,  beef-fat,  lard,  or  any  other  foreign  substance  with  ai^y  butter,  cheese  in- 
tended for  human  food,  nor  mix  or  mingle  any  glucose,  grape  sugar,  oleomargarine, 
or  other  adulterant,  with  any  article  of  food  or  dietetics  without  distinctly  marking, 
stamping  or  labeling  the  article  or  the  package  containing  the  same  with  the  true 
and  appropriate  name  of  such  adulterant,  and  the  percentage  in  which  it  is  used  for 
the  purpose  of  adulteration,  or  enters  into  the  composition  of  the  article  so  adulter- 
ated; nor  shall  any  person  sell,  offer  for  sale,  or  permit  to  be  sold  or  offered  for  sale 
any  article  of  food  or  drink  or  dietetics  into  the  composition  of  which  any  adulterant 
has  entered  without  at  the  same  time  informing  the  buyer  of  the  fact,  and  the  pro- 
portion in  which  such  adulterant  has  been  used  :  Provided,  That  nothing  in  this  sec- 
tion shall  be  construed  to  prevent  the  use  of  glucose  or  grape  sugar  in  the  manufac- 
ture of  candy. 

Sec.  50.  That  no  person  shall  adulterate  or  sophisticate  any  wine,  vinegar,  spiritu- 
ous, or  malt  liquors  used  or  intended  for  drink  or  dietetic  purposes  by  mixing  the 
same  in  the  manufacture  or  j)reparation  thereof  or  otherwise,  with  any  deleterious 
drug,  substance,  or  liquid  which  is  poisonous  or  injurious  to  health  ;  and  no  person 
shall  use  or  offer  for  sale  or  import  into  this  State  for  sale,  any  wiue,  vinegar,  spiritu- 
ous, or  malt  liquor  intended  to  be  used  for  drink  or  dietetic  purposes  knowing  the 
same  to  be  adulterated  or  in  any  way  sophisticated. 

Sec.  51.  That  if  any  person  shall  fraudulently  adulterate  for  the  purpose  of  sale, 
or  shall  sell  or  offer  for  sale  any  substance  intended  for  the  food  of  man,  or  any  wine, 
vinegar,  spirits,  malt  liquors,  or  other  liquor  intended  for  drink  or  dietetic  purposes, 
knowing  the  same  to  be  adulterated  or  in  any  way  sophisticated,  he  shall  be  punished 
by  imprisonment  in  the  county  jail  not  longer  than  one  year,  or  by  fine  not  exceeding 
five  hundred  dollars,  and  the  article  so  adulterated  shall  be  forfeited  and  destroyed 
or  so  disposed  of  as  to  prevent  it  from  being  exposed  for  sale  or  used  for  the  food  of 
man. 

Sec.  52.  That  if  any  person  shall  sell  or  offer  for  sale  any  kind  of  diseased,  cor- 
rupted, or  unwholesome  provisions  such  as  poultry,  game,  ffesh,  or  preparation  of 


94 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


flesh,  fruits,  vegetables,  bread,  flour,  meal,  milk,  or  other  things  intended  to  be  used 
for  human  food,  he  shall  be  punished  by  imprisonment  in  the  county  jail  not  more 
than  one  year,  or  be  fined  not  exceeding  five  hundred  dollars,  or  be  both  fined  and 
imprisoned,  in  the  discretion  of  the  court  having  jurisdiction,  and  the  unwholesome 
provisions  offered  or  exposed  for  sale  shall  be  forfeited  and  destroyed  or  so  disposed 
of  as  to  prevent  their  being  used  for  food  :  Provided,  That  nothing  in  this  section  shall 
apply  to  the  shippers  or  consigners  of  green  fruits  or  vegetables  that  may  be  spoiled 
in  transitu. 

Sec.  53.  That  the  State  board  of  health  shall  be  charged  with  the  duty  of  render- 
ing effective  the  provisions  of  this  act,  and  shall  take  such  steps  and  do  such  things 
as  the  board  may  deem  necessary,  to  detect  and  publicly  expose  any  adulteration  or 
corruption  of  all  articles  sold  or  liquid  intended  or  ofleredfor  sale  as  food  or  drink ;  and 
shall,  when  deemed  necessary,  have  the  suspected  article  subjected  to  chemical  or 
other  scientific  examination  in  order  to  establish  more  clearly  the  fact  and  degree  of 
adulteration. 

Sec.  54.  That  whenever  the  said  board  of  health,  or  its  proper  officer,  shall  be  sat- 
isfied that  any  article  of  food,  condiment,  or  drink  has  been  adulterated,  or  is  oth- 
erwise unsound  or  unwholesome,  the  said  board,  or  its  proper  officer,  shall  forbid  the 
sale  or  disposal  of  such  article  for  human  food  and  order  it  to  be  destroyed  or  disposed 
of  so  as  to  prevent  it  from  being  exposed  for  sale  or  used  for  the  food  of  man,  and  the 
person  or  persons  to  whom  the  same  belongs,  or  did  belong  at  the  time  of  exposure 
for  sale,  or  in  whose  possession  or  on  whose  premises  the  same  was  found,  refusing 
or  neglecting  to  destroy  or  otherwise  dispose  of  such  unsound  or  unwholesome  arti- 
cle as  directed,  shall  be  liable  to  the  penalty  imposed  under  the  provisions  of  the 
fifty-second  section  of  this  act. 

Sec.  55.  That  the  said  board  of  health,  or  its  proper  officer,  or  any  inspector  or  in- 
spectors appointed  by  said  board,  are  empowered  at  all  reasonable  times  to  inspect  and 
examine  any  live  animal,  carcass  meat,  poultry,  game,  flesh,  fish,  fruits,  vegetables, 
bread,  milk,  wine,  spirits,  malt,  or  other  liquors  or  things  exposed  for  sale,  or  depos- 
ited in  any  place  for  the  purpose  of  sale,  or  of  preparation  for  sale  and  intended  for 
the  food  of  man,  the  proof  that  the  same  was  not  exposed  or  deposited  for  any  such 
purpose,  or  was  not  intended  for  the  food  of  man,  resting  with  the  party  charged; 
and  if  such  animal,  carcass,  meat,  poultry,  game,  flesh,  fish,  fruits,  vegetables,  bread, 
milk,  or  other  things  appear  to  the  said  board,  or  its  proper  officer,  or  inspector,  to  be 
diseased  or  unsound  or  unwholesome  and  unfit  for  the  food  of  man,  the  said  board, 
or  its  proper  officer,  shall  issue  an  order  preventing  the  sale  of  such  article  or  articles 
for  human  food,  and  any  person  neglecting  or  refusing  to  obey  such  an  order  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  fine  in  any  sum  not  less 
than  fifty  dollars,  and  in  default  of  the  payment  thereof,  by  imprisonment  in  the  pub- 
lic jail  not  more  than  six  months. 

Sec.  56.  That  it  is  hereby  made  the  duty  of  the  prosecuting  attorneys  of  this  State 
to  appear  for  the  people  and  to  attend  to  the  prosecution  of  all  complaints  under 
this  act  iu  all  the  courts  of  their  respective  counties  or  the  city  of  Baltimore,  as  the 
case  may  be. 

Sec.  57.  That  the  sum  of  twenty-five  hundred  dollars,  or  so  much  thereof  as  may 
be  necessary,  be  annually  appropriated  for  defraying  the  expenses  of  chemical  and 
scientific  examination  of  suspected  articles  of  food  or  drink,  for  salary  of  inspectors 
and  other  necessary  expenses,  to  be  paid  by  the  treasurer  of  the  State  on  the  warrant 
of  the  comptroller,  at  such  times  and  in  such  sums  as  the  board  may  direct. 

Sec.  9.  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

Approved  April  8,  1890. 


LAWS  EELATING  TO  FOODS  AND  BEVERAGES. 


95 


MASSACHUSETTS. 
General  Laws  relating  to  Adulteration, 
food  and  drugs. 

Section  1.  No  person  shall,  within  this  Commonwealth,  manufacture  for  sale,  offer 
for  sale,  or  sell  any  drug  or  article  of  food  which  is  adulterated  within  the  meaning 
of  this  act. 

2.  The  term  "  drug  "  as  used  in  this  act  shall  include  all  medicines  for  internal  or 
external  use,  antiseptics,  disinfectants,  and  cosmetics.  The  term  "food"  as  used 
herein  shall  include  all  articles  used  for  food  or  drink  by  man. 

3.  An  article  shall  be  deemed  to  be  adulterated  within  the  meaning  of  this  act — 
(a)  In  the  case  of  drugs. — (1)  If,  when  sold  under  or  by  a  name  recognized  in  the 

United  States  Pharmacopoeia,  it  difters  from  the  standard  of  strength,  quality,  or 
purity  laid  down  therein,  unless  the  order  calls  for  an  article  inferior  to  such  stand- 
ard, or  unless  such  difference  is  made  known  or  so  appears  to  the  iDurchaser  at  the 
time  of  sucli  sale  ;  (2)  if,  when  sold  under  or  by  a  name  not  recognized  in  the  United 
States  Pharmacopcuia,  but  which  is  found  in  some  other  pharmacopoeia,  or  other 
standard  work  on  materia  medica,  it  differs  materially  from  the  standard  of  strength, 
quality,  or  purity  laid  down  in  such  work  :  (3)  if  its  strength  or  purity  falls  below 
the  professed  standard  under  which  it  is  sold. 

(&)  In  the  case  of  food. — (1)  If  any  substance  or  substances  have  been  mixed  with  it 
so  as  to  reduce,  or  lower,  or  injuriously  affect  its  quality  or  strength;  (2)  if  any  in- 
ferior or  cheaper  substance  or  substances  have  been  substituted  wholly  or  in  part  for 
it;  (3)  if  any  valuable  constituent  has  been  wholly  or  in  part  abstracted  from  it ;  (4) 
if  it  is  an  imitation  of  or  is  sold  under  the  name  of  another  article ;  (o)  if  it  consists 
wholly  or  in  part  of  a  diseased,  decomposed,  putrid,  or  rotten  animal  or  vegetable 
substance,  whether  manufactured  or  not,  or  in  the  case  of  milk,  if  it  is  the  product 
of  a  diseased  animal;  (6)  if  it  is  colored,  coated,  polished,  or  jjowdered,  whereby 
damage  is  concealed,  or  if  it  is  made  to  appear  better  or  of  greater  value  than  it  really 
is;  (7)  if  it  contains  any  added  or  poisonous  ingredient,  or  any  ingredient  which 
may  render  it  injurious  to  the  health  of  a  person  consuming  it. 

4.  The  provisions  of  this  act  shall  not  apply  to  mixtures  or  compounds  recognized 
as  ordinary  articles  of  food  or  drinks,  provided  that  the  same  are  not  injurious  to 
health  and  are  distinctly  labeled  as  mixtures  or  compoufids.  And  no  prosecutions 
shall  at  anytime  be  maintained  under  the  said  act  concerning  any  drug  the  standard 
of  strength  or  purity  whereof  has  been  raised  since  the  issue  of  the  last  edition  of  the 
United  States  Pharmacopoeia,  unless  and  until  such  change  or  standard  has  been 
published  throughout  the  Commonwealth. 

5.  The  State  board  of  health,  lunacy,  and  charity  shall  take  cognizance  of  the  in- 
terests of  the  public  health  relating  to  the  sale  of  drugs  and  food  and  the  adulteration 
of  the  same,  and  shall  make  all  necessary  investigations  and  inquiries  in  reference 
thereto,  and  for  these  purposes  may  appoint  inspectors,  analysts,  and  chemists,  who 
shall  be  subject  to  its  supervision  and  removal. 

Within  thirty  days  after  the  passage  of  this  act  the  said  board  shall  adopt  such 
measures  as  it  may  deem  necessary  to  facilitate  the  enforcement  hereof,  and  shall 
prepare  rules  and  regulations  in  regard  to  the  proper  methods  of  collecting  and 
examining  drugs  and  articles  of  food.  Said  board  may  expend  annually  an  amount 
not  exceeding  ten  thousand  dollars  for  the  purpose  of  carrying  out  the  provisions 
of  this  act :  Provided,  however,  That  not  less  than  three-fifths  of  the  said  amount  shall 
be  annually  expended  for  the  enforcement  of  the  laws  against  the  adulteration  of 
milk  and  milk  products. 

6.  Every  person  offering  or  exposing  for  sale,  or  delivering  to  a  j)urchaser,  any 
drug  or  article  of  food  included  in  the  provisions  of  this  act  shall  furnish  to  any 
analyst  or  other  officer  or  agent  appointed  hereunder,  who  shall  apply  to  him  for  the 
purpose  and  shall  tender  him  the  value  of  the  same,  a  sample  sufficient  for  the  pur- 
pose of  the  analysis  of  any  such  drug  or  article  of  food  which  is  in  his  possession. 


96 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


7.  Whoever liinders,  obstructs,  or  many  way  interferes  with  any  inspector,  analyst, 
or  other  oflScer  appointed  hereunder,  in  the  performance  of  his  duty,  and  whoever 
violates  any  of  the  provisions  of  this  act,  shall  be  punished  by  a  fine  not  exceeding 
fifty  dollars  for  the  first  offense,  and  not  exceeding  one  hundred  dollars  for  each  sub- 
sequent offense. 

8.  The  State  board  of  health,  lunacy,  and  charity  shall  report  annually  to  the 
legislature  the  number  of  prosecutions  made  under  said  chapter,  and  an  itemized 
account  of  all  money  expended  in  carrying  out  the  provisions  thereof. 

9.  An  inspector  appointed  under  the  provisions  of  said  chapter  two  hundred  and 
sixty-three  of  the  acts  of  the  year  eighteen  hundred  and  eighty-two  shall  have  the 
same  powers  and  authority  conferred  upon  a  city  or  town  inspector  by  section  two 
of  chapter  fifty-seven  of  the  public  statutes. 

10.  Nothing  contained  in  chapter  two  hundred  and  sixty-three  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-two  shall  be  in  any  way  construed  as  repealing  or 
amending  anything  contained  in  chapter  fifty-seven  of  the  public  statutes. 

11.  Before  commencing  the  analysis  of  any  sample,  the  person  making  the  same 
shall  reserve  a  portion  which  shall  be  sealed  ;  and  in  case  of  a  complaint  against  any 
person  the  reserved  portion  of  the  sample  alleged  to  be  adulterated  shall  upon  appli- 
cation be  delivered  to  the  defendant  or  his  atcorney. 

12.  Whoever  knowingly  sells  any  kind  of  diseased,  corrupted,  or  unwholesome  pro- 
visions, whether  for  meat  or  drink,  without  making  the  same  fully  known  to  the 
buyer,  shall  be  punished  by  imprisonment  in  the  jail  not  exceeding  six  months,  or  by 
fine  not  exceeding  two  hundred  dollars. 

13.  Whoever  fraudulently  adulterates,  for  the  purpose  of  sale,  bread  or  any  other 
substance  intended  for  food,  with  any  substance  injurious  to  health,  or  knowingly 
barters,  gives  away,  sells,  or  has  in  possession  with  intent  to  sell,  any  substance  in- 
tended for  food,  which  has  been  adulterated  with  any  substance  injurious  to  health, 
shall  be  punished  by  imprisonment  in  the  jail  not  exceeding  one  year,  or  by  fine  not 
exceeding  three  hundred  dollars ;  and  the  articles  so  adulterated  shall  be  forfeited 
and  destroyed  under  the  direction  of  the  court. 

14.  Whoever  adulterates,  for  the  purpose  of  sale,  any  liquors  used  or  intended  for 
drink,  with  Indian  cockle,  vitriol,  grains  of  paradise,  opium,  alum,  capsicum,  cop- 
peras, laurel-water,  logwood,  Brazil  wood,  cochineal,  sugar  of  lead,  or  any  other  sub- 
stance which  is  poisonous  or  injurious  to  health,  and  whoever  knowingly  sells  any 
such  liquor  so  adulterated,  shall  be  punished  by  imprisonment  in  the  State  prison 
not  exceeding  three  years;  and  the  articles  so  adulterated  shall  be  forfeited, 

15.  Whoever  fraudulently  adulterates,  for  the  purpose  of  sale,  any  drug  or  medi- 
cine,  or  sells  auy  fraudulently  adulterated  drug  or  medicine,  knowing  the  same  to  be 
adulterated,  shall  be  punished  by  imprisonment  in  the  jail  not  exceeding  one  year  or 
by  fine  not  exceeding  four  hundred  dollars  ;  and  such  adulterated  drugs  and  medi- 
cines shall  be  forfeited  and  destroyed  under  the  direction  of  the  court. 

16.  Whoever  sells  arsenic,  strychnine,  corrosive  sublimate,  or  prussic  acid  without 
the  written  prescription  of  a  physician  shall  keep  a  record  of  the  date  of  such  sale, 
the  name  of  the  article,  the  amount  thereof  sold,  and  the  name  of  the  person  or  per- 
sons to  whom  delivered  ;  and  for  each  neglect  shall  forfeit  a  sum  not  exceeding  fifty 
dollars.  Whoever  purchases  deadly  poisons  as  aforesaid  and  gives  a  false  or  fictitious 
name  to  the  vendor  shall  be  punished  by  fine  not  exceeding  fifty  dollars. 

Chap.  171. — AN  ACT  concerning  the  adulteration  of  food  and  drugs. 

Be  it  enacted,  etc.,  as  follows  : 

Section  two  of  chapter  two  hundred  and  sixty-three  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-two  is  hereby  amended  so  as  to  read  as  follows :  The  term 
"  drug"  as  used  in  this  act  shall  include  all  medicines  for  internal  or  external  use, 
antiseptics,  disinfectants,  and  cosmetics.  The  term  "food"  as  used  herein  shall  in- 
clude confectionery,  condiments,  and  all  articles  used  for  food  or  drink  by  man. 

Approved  April  29,  1886. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES.  97 


RULES  AND  ItEGULATIOXS  OF  THE  STATE  BOARD  OF  HEALTH,  LUXACY,  AND  CHARITY 
OF  MASSACHUSETTS  KELATIVE  TO  THE  INSPECTION  AND  ANALYSIS  OF  FOOD  AND 
DRUGS. 

1.  The  State  board  of  health,  lunacy,  aud  charity  shall  appoint  analysts  and  in- 
spectors, as  provided  in  section  5  of  chapter  2r-3,  acts  of  1882. 

2.  It  shall  he  the  duty  of  the  iuspectors  to  piocure  samples  of  drugs  and  articles  of 
food  at  such  times  aud  places  as  the  health  officer  shall  direct,  in  the  manner  provided 
in  section  6  of  chapter  2G3  of  the  acts  of  1882,  and  in  section  3  of  chapter  289  of  the 
acts  of  1884,  and  in  all  acts  amendatory  of  said  provisions. 

3.  Under  the  direction  of  the  health  officer,  one  of  the  inspectors  shall,  for  the  iden- 
tification  of  samples,  affix  a  number  to  each  sample  of  food  or  drugs  obtaiued  by 
him,  beginning  with  number  one,  and  taking  every  alternate  or  odd  number  there- 
after, without  limit ;  and  the  other  inspector  shall  use  aud  affix  each  alternate  or 
even  number,  beginning  with  number  two,  and  following  such  form  of  numbering, 
without  limit,  also,  as  far  as  may  be  directed.  Under  no  circumstances  shall  an  in- 
spector convey  any  information  to  an  analyst  as  to  the  source  from  which  any  sample 
was  obtained. 

4.  The  inspectors  shall  keej)  records  of  each  sample,  each  record  to  include  the  fol- 
lowing items : 

(a)  The  inspector's  number. 

(&)  The  date  of  purchase  or  receipt  of  sample. 

(c)  The  character  of  the  sample. 

(rZ)  The  name  of  the  vender. 

(e)  The  name  of  the  city  or  town  and  street  and  number  where  the  sample  is  ob- 
tained, aud  in  the  case  of  a  licensed  milk  peddler,  the  number  of  his  license. 

(/)  As  far  as  possible  the  names  of  manufacturers,  producers,  or  wholesalers,  with 
marks,  brands,  or  labels  stamped  or  printed  upon  goods. 

5.  It  shall  be  the  duty  of  the  analysts  so  appointed  to  determine,  under  the  direc- 
tion of  the  health  officer,  by  proper  examination  and  an.alysis,  whether  articles  of 
food  and  drugs,  manufactured  for  sale,  offered  for  sale,  or  sold  wirhin  this  Common- 
wealth, are  adulterated  within  the  meaning  of  chapter  263  of  the  acts  and  resolves 
passed  by  the  general  court  of  Massachusetts  in  1.882,  and  all  acts  amendatory  there- 
of, adulteration  being  defined  as  follows,  \\z: 

In  the  case  of  drugs  :  (1)  If  sold  under  or  by  a  name  recognized  in  the  United  States 
Pharmacopoeia,  it  differs  from  the  standard  of  strength,  quality,  or  purity  laid  down 
therein,  unless  the  order  calls  for  an  article  inferior  to  such  standard^  or  unless  such 
difference  is  made  known  or  so  appears  to  the  purchaser  at  the  time  of  such  sale. 

(2)  If,  when  sold  under  or  by  a  name  not  recognized  in  the  United  States  Pharma- 
copoeia, but  which  is  found  in  some  other  pharmacopoeia  or  standard  work  on  materia 
medica,  it  differs  materially  from  the  standard  of  strength,  quality,  or  purity  laid 
down  in  such  work.  (3)  If  its  strength  or  purity  falls  below  the  professed  standard 
nnder  which  it  is  sold. 

In  the  case  of  food  :  (1)  If  any  substance  or  substances  have  been  mixed  with  it,  so 
as  to  reduce  or  lower  or  injuriously  affect  its  quality  or  strength.  (2)  If  any  inferior 
or  cheaper  substance  or  substances  have  been  substituted,  wholly  or  in  part,  for  it. 

(3)  If  any  valuable  constituent  has  been  wholly  or  in  part  abstracted  from  it.  (4) 
If  it  is  an  imitation  of  or  is  sold  under  the  name  of  another  article,  (n)  If  it  con- 
sists wholly  or  in  part  of  a  diseased,  decomposed,  putrid,  or  rotten  animal  or  vegeta- 
ble substance,  whether  manufactured  or  not,  or  in  the  case  of  milk,  if  it  is  the  prod- 
uce of  a  diseased  animal.  (6)  If  it  is  colored,  coated,  polished,  or  powdered,  where- 
by damage  is  coucealed,  or  if  it  is  made  to  appear  of  better  or  of  greater  value  than 
it  really  is.  (7)  If  it  contains  any  added  poisonous  ingredient,  or  any  ingredient 
which  may  render  it  injurious  to  the  health  of  the  person  consuming  it. 

6.  It  shall  also  be  the  duty  of  the  analysts  to  receive  such  specimens  of  food  and 
drugs  for  analysis  as  may  be  delivered  to  them  by  the  health  officer,  or  bv  the  iu- 

19150—1^0.  32  7 


98 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


spectors,  and  to  examine  tbe  same.  To  avoid,  as  fiir  as  possible,  all  suggestion  or 
danger  of  specimens  baviug  been  tampered  witb,  eacb  analyst  sball  keep  eacb  speci- 
men in  his  possession  in  a  suitable  and  secure  place,  labeled  in  such  a  manner  as  to 
prevent  any  person  from  having  access  to  the  same  without  the  knowledge  and 
presence  of  the  analyst. 
Analyses  of  perishable  articles  should  be  made  promptly  after  they  are  received. 

7.  An  analyst  shall  give  no  information,  under  any  circumstances,  regarding  the 
result  of  any  analysis  to  any  person  except  to  the  health  officer  of  the  board,  prior 
to  any  trial  in  court  in  reference  to  such  analysis. 

The  analysts  shall  carefully  avoid  any  error  regarding  the  inspector's  number  at- 
tached to  each  sample,  and  shall  report  the  results  of  their  work  in  detail  to  the  health 
officer. 

In  the  case  of  all  articles  having  a  numerical  standard  provided  by  statute,  the  re- 
sult of  the  analysis  should  show  their  relation  to  such  standard. 

8.  Before  beginning  the  analysis  of  any  sample  the  analyst  shall  reserve  a  portion, 
which  shall  be  sealed,  and  in  the  event  of  finding  the  portion  analyzed  to  be  adulter- 
ated, he  shall  preserve  the  sealed  portion,  so  that  in  case  of  a  complaint  against  any 
person  the  last-named  portion  may,  on  application,  be  delivered  by  the  health  officer 
to  the  defendant  or  to  his  attorney. 

9.  Each  analyst  shall  present  to  the  health  officer  on  the  Thursday  before  the  first 
Saturday  of  each  month  a  summary  of  the  analyses  made  by  him  during  the  previous 
month. 

Each  analyst  shall  also  present,  on  or  before  the  first  of  January  of  each  year,  an 
annual  report  of  the  work  done  for  the  year  ending  on  the  30th  of  September  pre- 
ceding. 

10.  The  health  officer  shall  have  charge  of  the  reports  of  analyses,  and  shall  cause 
cases  founded  on  such  reports  to  be  submitted  to  the  courts  for  prosecution. 

In  each  case  of  a  retailer,  and  of  every  dealer  not  a  manufiacturer  or  producer,  he 
may,  if  the  party  has  not  been  previously  complained  of  in  court,  issue  a  notice  or 
warning  of  any  violation  of  the  law  relative  to  the  adulteration  of  food  and  drugs, 
and  of  the  offender's  liability  to  prosecution  on  a  repetition  of  the  sale. 

11.  Should  the  result  obtained  by  any  analyst  be  questioned  in  any  given  case,  an- 
other analyst  shall  repeat  the  analysis,  unless  otherwise  instructed  by  the  board,  pro- 
vided a  sutficient  sum  to  meet  the  expense  of  the  analysis  be  deposited  with  the 
health  officer  by  any  interested  party  feeling  aggrieved,  which  sum  will  not  be  re- 
turned unless  the  second  analysis  fails  to  confirm,  the  first  in  essential  particulars. 

12.  Any  appeal  from  the  decision  of  au  analyst  shall  be  tiled  with  the  health  offi- 
cer, who  shall  report  it  and  any  matter  in  controversy  to  the  board,  giving  his  judg- 
ment thereon,  and  the  board  shall  supervise  and  control  the  action  of  its  officers  in 
executing  law. 

13.  Where  standards  of  strength,  quality,  or  purity  are  not  fixed  by  the  act,  the 
analysts  shall  present  to  the  health  officer  such  standard  as  in  their  judgment  should 
be  fixed  and  the  health  officer  shall  report  the  same  to  the  board  for  its  action.  The 
standard  set  by  the  British  Society  of  Public  Analysts  will  be  followed  as  nearly  as 
practicable,  until  otherwise  ordered. 

14.  Whenever  a  drug  or  preparation  not  described  in  a  national  ph;irmacopcBia  or 
other  standard  work  on  materia  medica  shall  be  manufactured,  offered  for  sale,  or 
used  in  this  State,  the  standard  of  such  drug,  and  the  standard  and  proportion  of  the 
ingredients  of  such  preparation,  and  the  range  of  variablility  from  such  standard  or 
standards  shall  be  ascertained  by  the  analysts,  who  shall  report  the  same  through  the 
health  ofiicer  to  the  board. 

15.  The  analysts  sball  occupy  such  time  in  the  performance  of  their  respective 
duties  as  a  reasonable  compliance  with  the  terms  of  the  statute  shall  require,  and 
shall  be  present  one  hour  of  each  day  at  such  time  of  the  day  and  at  such  place  as 
shall  be  designated  by  the  committee  on  health  of  the  board,  to  meet  the  conven- 
ience of  interested  parties  and  the  public. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


99 


16.  The  compensation  of  the  analysts  of  articles  of  food  shall  be  at  the  rate  of 
$1,500  per  annum  and  that  of  the  analysts  of  drugs  shall  be  at  the  rate  of  |1,000. 

That  of  the  analyst  of  milk  for  the  ten  eastern  counties  of  the  Commonwealth  shall 
be  at  the  rate  of  $800  per  annum  and  that  of  the  analysts  of  the  four  western  counties 
shall  be  at  the  rate  of  $500  per  annum. 

The  compensation  of  eacli  inspector  shall  be  at  the  rate  of  $1,000  per  annum. 

MICHIGAN. 
The  laws  of  Michigan  are  as  follows  : 

ADULTERATION  OF  FOODS,  DRINKS,  DRUGS,  OR  MEDICINES. 

208.  (7727.)  Sec.  2.  If  any  person  shall  fraudulently  adulterate,  for  the  purpose  of 
sale,  any  substance  intended  for  food,  or  any  wine,  spirits,  malt  liquor,  or  other 
liquor  intended  for  drinking,  he  shall  be  punished  by  imprisonment  in  the  county 
jail  not  more  ihan  one  year  or  by  fine  not  exceeding  three  hundred  dollars,  and  the 
article  so  adulterated  shall  be  forfeited  and  destroyed. — 9317. 

209.  (772-*.)  Sec.  3.  If  any  person  shall  fraudulently  adulterate,  for  the  purpose  of 
sale,  any  drug  or  medicine,  in  such  manner  as  to  render  the  same  injurious  to  health, 
he  shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than  one  year  or 
by  fine  not  exceeding  four  hundred  dollars,  and  such  adulterated  drugs  and  medi- 
cines shall  be  forfeited  and  destroyed. — ^  9318. 

ADULTERATION    OF    FOODS,  DRINKS,    AND    MEDICINES,    AND    SALE    THEREOF  WHEN 

ADULTERATED. 

Act  ^To. 254,  laws  of  1881,  entitled  "An  act  to  prevent  and  punish  the  adulteration  of  articles  of 
food,  drink,  and  medicine,  and  tlie  sale  thereof  when  adulterated." 

210.  Section  1.  The  People  of  the  State  of  Michigan  enact.  That  no  person  shall  mix, 
color,  stain,  or  powder,  or  order  or  permit  anj^  otlier  x^ersou  to  mix,  color,  stain,  or 
powder  any  article  of  food  with  any  ingredient  or  material  so  as  to  render  the  article 
injurious  to  health,  with  the  intent  that  the  same  may  be  sold  ;  and  no  person  shall 
knowingly  sell  or  ofier  for  sale  any  such  article  so  mixed,  colored,  stained,  or  pow- 
dered.—§  9324. 

211.  Sec.  2.  No  person  shall,  except  for  the  purpose  of  compounding  in  the  nec- 
essary preparation  of  medicine,  mix,  color,  stain,  or  x>owder,  or  order  or  permit  any 
other  person  to  mix,  color,  stain,  or  powder  any  drug  or  medicine  with  any  ingredient 
or  ingredients  or  materials  so  as  to  affect  injuriously  the  quality  or  potency  of  such 
drug  or  medicine,  with  intent  to  sell  the  same,  or  shall  sell  or  offer  for  sale  any  such 
drug  or  medicine  so  mixed,  colored,  stained,  or  powdered. — §  9325. 

212.  Sec.  3.  No  person  shall  mix,  color,  stain,  or  powder  any  article  of  food,  drink, 
or  medicine,  or  any  article  which  enters  into  the  composition  of  food,  drink,  or  med- 
icine, with  any  other  ingredient  or  material,  whether  injurious  to  healtli  or  not,  for 
the  purpose  of  gain  or  profit,  or  sell  or  offer  the  same  for  sale,  or  order  or  permit  any 
other  person  to  sell  or  offer  for  sale  any  article  so  mixed,  colored,  stained,  and  pow- 
dered, unless  the  same  be  so  manufactured,  used,  or  sold,  or  offered  for  sale  under  its 
true  and  appropriate  name  and  notice  that  the  same  is  mixed  or  impure  is  marked, 
printed,  or  stamped  upon  each  package,  roll,  parcel,  or  vessel  containing  the  same,  so 
as  to  be  and  remain  at  all  times  readily  visible,  or  unless  the  person  purchasing  the 
same  is  fully  informed  by  the  seller  of  the  true  name  and  ingredients  (if  other  than 
such  as  are  known  by  the  common  name  thereof)  of  such  article  of  food,  drink,  or 
medicine  at  the  time  of  making  sale  thereof  or  offering  to  sell  the  same. — ^  9326. 

213.  Sec.  4.  No  person  shall  mix  any  glucose  or  grape  sugar  with  syrup,  honey,  or 
sugar,  intended  for  human  food,  or  any  oleomargarine,  suine,  beef  fat,  lard  or  any 
other  foreign  substance  with  any  butter  or  cheese  intended  for  human  food,  or  shall 


100 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


mix  or  mingle  any  glucose  or  grape  sugar  or  oleomargarine  witli  any  article  of  food, 
without  distinctly  marking,  sramping.  or  labeling  the  article  or  the  package  contain- 
ing the  same  with  the  true  and  appropriate  name  of  such  article  and  the  percentage 
in  which  glucose  or  grape  sugar,  oleomargarine,  or  suine  enters  into  its  composition ; 
nor  shall  any  person  sell,  or  offer  for  sale,  or  order  or  permit  to  be  sold,  or  offered  for 
sale,  any  such  food  into  the  composition  of  which  glucose,  or  grape  sugar,  or  oleo- 
margarine, or  suine  has  entered,  without  at  the  same  time  informing  the  buyer  of  the 
fact,  and  the  proportions  in  which  such  glucose  or  grape  sugar,  oleomargarine,  or 
suine  has  entered  into  its  composition. — *^  9327. 

214.  Sec.  5.  Any  person  convicted  of  violating  any  provision  of  any  of  the  forego- 
ing sections  of  this  act  shall  be  fined  rot  more  than  fifty  dollars  or  imprisoned  in  the 
county  jail  not  exceeding  three  months. — §  9328. 

215.  Sec.  6.  It  is  hereby  made  the  duty  of  the  prosecuting  attorneys  of  this  State  to 
appear  for  the  people  and  to  attend  to  the  prosecution  of  all  complaints  under  this 
act  in  al  1  the  courts  in  their  respective  counties. — ^  9329. 

216.  Sec.  7.  All  acts  and  parts  of  acts  inconsistent  Avith  the  provisions  of  this  act 
are  hereby  repealed. — ^  9330, 

■  MINNESOTA. 

MILK. 

Chapter  247  general  laws  of  1889.    (S.  F.  Xo.  243.) 

AX  ACT  to  amend  chapter  one  handred  and  forty  (140),  an  act  to  prevent  deception  in  the  sale  of 
dairy  products,  and  to  preserve  the  public  health,  being  supplementary  to  and  in  aid  of  chapter  one 
hundred  and  forty-nine  (149)  of  the  laws  of  one  thousand  eight  hundred  and  eighty-five  (1885),  enti- 
tled 'An  act  to  prohibit  and  prevent  the  sale  or  manufacture  of  unhealthy  or  adulterated  dairy 
products." 

Be  it  enacted  hy  the  Legislature  of  the  State  of  Minnesota,  That  chapter  one  hundred 
and  forty  (140)  of  the  General  Laws  of  Minnesota  for  the  year  one  thousand  eight 
hundred  and  eighty-seven  (1887)  be,  and  the  sauio  is  hereby,  amended  so  as  to  read  as 
follows : 

Sec.  1.  No  person  or  persons  shall  sell  or  exchange  or  ex^josc  for  sale  or  exchange 
any  unclean,  unhealthy,  adulterated,  or  unwholesome  milk,  or  shall  offer  for  sale  any 
article  of  food  made  from  the  same  or  of  cream  from  the  same.  This  provision  shall 
not  apx)ly  to  pure  skim-milk  cheese  made  from  milk  which  is  pure,  healthy,  whole- 
some, and  unadulterated,  except  by  skimming.  Whoever  violates  the  provisions  of 
this  section  shall  be  deemed  guilty  of  misdemeanor  and  shall  be  punished  by  a  fine  of 
not  less  than  ten  dollars  (|10)  nor  more  than  one  hundred  dollars  ($100)  or  by  impris- 
onment of  not  less  than  one  (1)  month  or  more  than  three  (3)  months,  or  both  such  tine 
and  imprisonment  for  the  first  offense  and  by  three  (3)  months'  imprisonment  for 
each  subsequent  offense. 

Section  two  (2)  of  said  act  is  hereby  amended  so  as  to  read  as  follows. 

Sec.  2.  No  person  shall  keep  cows  for  the  production  of  milk  for  market,  or  for  sale  or 
exchange,  or  for  manufacturing  the  same,  or  cream  from  the  same,  into  articles  of  food, 
in  a  crowded  or  unhealthy  condition,  or  feed  the  cows  on  food  that  is  unhealthy  or 
that  produces  impure,  unhealthy,  diseased,  or  unwholesome  milk.  No  person  shall 
manufacture  from  impure,  unhealthy,  diseased,  or  unwholesome  milk,  or  of  cream 
from  the  same,  any  article  of  food.  Whoever  violates  the  provisions  of  this  section 
is  guilty  of  a  misdemeanor,  and  thall  be  punished  by  a  fine  of  not  less  thau  ten  dol- 
lar (|10)  nor  more  than  one  hundred  dollars  ($100)  or  by  imprisonment  of  not  less 
than  one  (1)  month  or  more  than  three  (3)  months,  or  by  both  such  fioe  aud  impris- 
onment for  the  first  offense  and  by  three  (3)  months'  imprisonment  for  each  subse- 
quent offense, 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


101 


Section  three  (3)  of  this  act  is  hereby  amended  to  read  as  follows  : 
Sec.  3.  No  x^erson  or  persons  shall  sell,  supply,  or  bring  to  be  manufactured,  to  any 
butter  or  cheese  manufac!:ory,  any  milk  diluted  witli  water,  or  any  unclean,  impure, 
nnhealthy,  adultered,  or  unwholesome  milk,  or  milk  from  which  any  cream  has  been 
taken  (except  pure  skim  milk  to  skim  cheese  factories),  or  shall  keep  back  any  part  of 
the  milk  commonly  known  as  "  strippings,"  or  shall  bring  or  supply  milk  to  any  bat- 
ter or  cheese  manufactory  that  is  soar  (except  pure  skim  milk  to  skim  cheese  fac 
tories).  No  butter  or  cheese  manufactories,  except  those  who  buy  all  the  milk  they 
use,  shall  use  for  their  own  benefit  or  allow  any  of  their  employes  or  any  other  person 
to  use,  or  the  product  thereof  brought  to  said  manufacturers,  without  the  consent  of 
the  owners  thereof.  Every  butter  or  cheese  manufacturer,  except  those  who  bu}'  all 
the  milk  they  use,  shall  keep  a  correct  account  of  all  the  milk  daily  received,  and  of 
tlie  number  of  pounds  and  packages  of  butter,  the  number  and  aggregate  weight  of 
cheese  made  each  da}^,  the  number  of  packages  of  cheese  and  butter  disposed  of; 
which  shall  be  open  to  inspection  to  any  person  who  delivers  milk  to  such  manufac- 
turer. Whoever  violates  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  for  each  offense  by  a  fine  of  not  less  than  ten 
($10)  dollars  or  more  than  one  hundred  ($100)  dollars,  or  not  less  than  one  (1)  month 
or  more  tlian  three  (3)  mouths'  imprisonment,  or  by  botb  sucb  fine  and  imprisonment. 
Section  four  (4)  of  said  act  is  amended  so  as  to  read  as  follows: 
Sec.  4.  No  person  shall  manufacture  out  of  any  oleaginous  substance  or  substances, 
or  any  compound  of  the  same,  or  any  other  compound,  other  than  that  produced  from 
unadulterated  milk  or  of  cream  from  the  same,  any  article  designed  to  take  the  x>lace 
of  butter  or  cheese,  produced  from  pure,  unadulterated  milk  or  cream  from  the  same, 
or  shall  sell  or  offer  for  sale  the  same  as  an  article  of  food.  This  shall  not  apply  to 
pure  skim  milk  cheese  made  from  pure  skim  milk.  Whoever  violates  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  be  punished  by  a  fine  of 
not  less  than  one  hundred  dollars  ($100)  or  more  than  five  hundred  dollars  ($500)  or 
not  less  than  six  (6)  months'  or  more  than  one  (1)  year's  imprisonment,  or  by  both 
such,  fine  and  imprisonment  for  the  first  offense,  and  by  imprisonment  for  one  (1)  year 
for  each  subsequent  offense. 

Section  five  (5)  of  said  act  is  hereby  amended  so  as  to  read  as  follows : 
Sec.  5.  No  person,  by  himself  or  his  agents  or  servants,  shall  render  or  manufac- 
ture out  of  any  animal  fat,  or  animal  or  vegetableoils  not  produced  from  unadulter- 
ated millc  or  cream  from  the  same,  any  article  or  product  in  imitation  or  sem1)lance 
of  or  designed  to  take  the  place  of  natural  butter  or  cheese  produced  from  2)ure, 
unadulterated  milk  or  cream  of  the  same,  nor  shall  he  or  they  mix,  compound  with 
or  add  to  milk,  cream,  or  ])utter  any  acids  or  other  deleterious  substance  or  any 
animal  fats  or  animal  or  vegetable  oils  not  produced  from  milk  or  cream  with 
designs  or  interest  to  render,  make,  or  produce  any  article  or  substance  for  human 
food  in  imitation  or  semblance  of  natural  butter  or  cheese,  nor  shall  he  sell,  keep 
for  sale,  or  ofler  for  sale  any  article,  substance,  or  compound  made,  manufactured,  or 
produced  in  violation  of  the  provisions  of  this  section,  whether  such  article,  sub- 
stance, or  compound  shall  be  made  or  produced  in  this  State  or  in  any  other  State  or 
country.  Whoever  violates  the  provisions  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  ($100) 
nor  more  than  five  hundred  (^500)  nor  less  than  six  (6)  months'  or  more  than  one 
(1)  year's  imprisonment  for  the  first  oifense,  and  by  imprisonment  for  one  (1)  year 
for  each  subsequent  offense. 
Nothing  in  this  section  shall  impair  the  provisions  of  section  four  (4)  of  this  act. 
Section  six  (0)  of  said  act  is  hereby  amended  so  as  to  read  as  follows : 
Sec.  6.  No  person  shall  manufacture,  mix,  or  compound  with  or  add  to  natural 
milk,  cream,  or  butter  any  animal  fats  or  animal  or  vegetableoils,  nor  shall  he  make 
or  manufacture  any  oleaginous  substance  not  produced  from  milk  or  cream  with  in- 
tent to  sell  the  same,  for  butter  or  cheese  made  from  unadulterated  milk  or  cream,  or 
have  the  same  in  his  possession,  or  offer  the  same  for  sale  with  such  intent,  nor  shall 


i02 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


any  article  or  substaace  or  compound  so  made  or  produced  be  sold  for  butter  or  clieese, 
the  product  of  the  dairy.  If  any  person  shall  coat,  powder,  or  color  witli  aunatto 
or  any  coloring  matter  whatever,  butterine  or  oleomargarine  or  any  compounds  of  the 
same,  or  any  products  or  manufacture  made  in  whole  or  in  part  from  animal  fats,  or 
animal  or  vegetable  oils  not  produced  from  unadulterated  milk  or  cream,  whereby 
the  said  product,  manufacture,  or  compound  shall  be  made  to  resemble  butter  or 
cheese,  the  product  of  the  dairy,  or  shall  have  the  same  in  his  possession  ,  or  sell  or 
offer  for  sale,  or  have  in  his  iiossession  any  of  said  products  which  shall  be  coated  or 
colored  in  semblance  of  or  to  resemble  butter  or  cheese,  it  shall  be  prima  facie  evi- 
dence of  an  intent  to  sell  the  same  for  butter  or  cheese,  the  product  of  the  dairy.  Who- 
ever violates  any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  misde- 
meanor and  punished  by  a  fine  of  not  less  than  one  hundred  dollars  ($100)  nor  more 
than  one  thousand  dollars  ($1,000), 

This  section  shall  not  be  construed  to  impair  or  affect  the  prohibition  of  sections 
four  (4)  and  five  (5)  of  this  act. 

Section  seven  (7)  of  said  act  is  hereby  amended  so  as  to  read  as  follows  : 

Sec.  7.  No  person  shall  ofier,  sell,  or  expose  for  sale  butter  or  cheese  branded  or 
labeled  with  a  false  brand  or  label  as  to  the  quality  of  the  article,  or  to  the  county 
or  State  in  which  the  article  is  made. 

The  Minnesota  State  dairy  and  food  commissioner  is  hereby  authorized  and  directed 
to  procure  and  issue  to  the  cheese  manufacturers  of  the  State,  upon  proper  applica- 
cation  therefor,  and  under  such  regulations  as  to  the  custody  and  use  thereof,  as  he  may 
prescribe,  a  uniform  stencil  brand  bearing  a  suitable  device  or  motto  and  the  w^ords 
♦'Minnesota  State  Full  Cream  Cheese."  Every  brand  issued  shall  be  used  upon  the 
outside  of  the  cheese  and  also  upon  the  package  containing  the  same,  and  shall  be  a 
different  number  for  each  separate  manufactory,  and  the  commissioner  shall  keep  a 
book  in  which  shall  be  registered  the  name,  location,  and  number  of  each  manufac- 
tory using  the  said  brand,  and  the  name  or  names  of  the  persons  at  each  manufactory 
authorized  to  use  the  same. 

It  shall  be  unlawful  to  use  or  permit  sucli  stencil  brand  to  be  used  upon  any  other 
than  full  cream  cheese  or  packages  containing  the  same.  Minnesota  State  full  cream 
cheese,  of  which  there  be  less  than  forty  (40)  per  centum  of  fats  to  total  solids,  shall 
be  deemed,  for  the  purpose  of  this  act,  to  be  adulterated.  Whoever  violates  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  for  each  and 
every  cheese  or  package  so  falsely  branded  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  ($25)  or  more  than  fifty  dollars  ($50),  or  imx)risoument  of  not  less 
than  fifteen  (15)  days  or  more  than  thirty  (30)  days. 

Section  eight  (8)  of  said  act  is  hereby  amended  so  as  to  read  as  follows  : 

Sec.  8.  The  governor  shall  appoint  a  commissioner  who  shall  be  known  as  the 
State  dairy  and  food  commissioner,  who  shall  be  a  citizen  of  this  State,  and  who 
shall  hold  his  office  for  a  term  of  two  (2)  years,  or  until  his  successor  is  appointed, 
and  shall  receive  a  salary  of  eighteen  hundred  ($1,800)  dollars  per  annum  and 
his  necessary  expenses  incurred  in  the  discharge  of  his  duties  under  this  act,  and 
shall  be  charged,  under  the  direction  of  the  governor,  with  the  enforcement  of  the 
various  provisions  thereof.  Said  commissioner  may  be  removed  from  ofiice  at  the 
pleasure  of  the  governor  and  his  successor  appointed  as  above  provided  for.  The 
said  commissioner  is  hereby  authorized  and  empowered  to  appoint  a  secretary 
Avhose  salary  shall  be  twelve  hundred  (1,200)  dollars  per  year,  and  such  assistant 
commissioners,  and  to  employ  such  experts,  chemists,  agents,  and  such  counsel  as 
may  be  deemed  by  liim  necessary  for  the  proper  enforcement  of  this  law,  their  com- 
pensation to  be  fixed  by  the  commissioner.  The  sum  of  fifteen  thousand  dollars 
($15,000)  annually  is  hereby  appropriated,  to  be  paid  for  such  purposes  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated.  All  charges,  accounts,  and  ex- 
penses authorized  by  this  act  shall  bo  paid  by  the  treasurer  of  the  State  upon  the 
warrant  of  the  State  auditor.  The  entire  expenses  of  said  commissioner  shall  not 
exceed  the  sum  appropriated  for  the  purpose  of  this  act.    The  said  commissioner 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


105 


sliall  make  biennial  reports  to  the  legislature  not  later  than  the  fifteenth  (15th)  day 
of  January,  of  his  work  and  proceedings,  and  shall  report  in  detail  the  number  of 
assistant  commissioners,  experts,  chemists,  agents,  and  counsel  he  has  employed,  with 
their  expenses  and  disbursements.  The  said  commissioner  shall  have  a  room  in  the 
capitol,  to  be  set  apart  for  his  use  by  the  governor.  This  section  shall  not  affect  the 
tenure  of  office  of  the  present  commissioner,  nor  to  be  construed  to  impair  or  afiect 
any  of  the  provisions  in  section  seven  (7)  of  chapter  one  hundred  and  forty-nine  ( 149) 
of  the  law  of  one  thousand  eight  hundred  and  eighty-five  (1885),  exce})t  in  the  sum 
of  money  appropriated. 

Sec.  9.  The  said  commissioner  and  assistant  commissioners,  and  such  experts, 
chemists,  agents,  and  counsel  as  they  shall  duly  authorize  for  the  purpose,  shall  have 
access,  ingress,  and  egress  to  all  places  of  business,  factories,  farms,  buildings,  car- 
riages, cars,  vessels,  and  cans  used  in  the  manufacture  and  sale  of  any  dairy 
product  or  any  imitations  thereof.  They  also  shall  have  power  and  authority  to  open 
any  package,  can,  or  vessel  containing  such  articles  which  may  be  manufactured,  sold, 
or  exposed  for  sale,  in  violation  of  the  provisions  of  this  act,  and  may  inspect  the 
contents  therein,  and  may  take  samples  therefrom  for  analysis. 

All  clerks,  bookkeepers,  express  agents,  railroad  officials,  employes,  or  common  car- 
riers shall  render  to  them  all  the  assistance  in  their  power,  when  so  requested,  in 
tracing,  finding,  or  discovering  the  presence  of  any  prohibited  article  named  in  this 
act. 

Any  refusal  or  neglect  on  the  part  of  such  clerks,  bookkeepers,  express  agents, 
railroad  officials,  employes,  or  common  carriers  to  render  such  friendl^^  aid  shall  be 
deemed  a  misdemeanor,  and  be  punished  by  a  fine  of  not  less  than  fifty  dollars  ($50) 
nor  more  than  one  hundred  dollars  (|100)  for  each  and  every  offense. 

Skc.  10.  The  commissioner  shall  provide  blanks,  which  shall  be  furnished  to  all 
pro[)rietors  or  managers  of  creameries,  cheese  factories,  or  milk  dairies  that  ship  milk 
to  the  cities,  and  all  the  venders  or  pedlers  of  milk  in  the  cities,  within  the  State,  for 
the  purpose  of  making  a  report  of  the  amount  of  milk  and  dairy  goods  handled,  and 
all  owners  or  managers  of  such  creameries  and  cheese  factories  shall,  on  the  first  (Ist) 
day  of  November  of  each  year,  send  to  the  dairy  and  food  commissioner  a  full  and 
accurate  report  of  the  amount  of  business  done  during  the  year,  and  all  milk  dairies, 
milk  venders,  or  milk  pedlers  shall  send  to  the  State  dairy  and  food  commissioner 
quarterly  reports  of  all  the  business  done  by  each  and  every  such  person,  firm,  orcoin- 
'pauj  in  handling  dairy  products  during  the  last  three  (3)  months  past,  as  designated 
under  the  different  headings  of  such  printed  blanks. 

Any  neglect  or  failure,  or  false  statement  on  the  part  of  any  jiroprietor  or  manager 
of  such  creamery,  cheese  factory,  dairy,  or  any  milk  vender  or  milk  peddler  shall  be 
considered  guilty  of  a  misdemeanor,  and  be  punished  by  a  fine  of  not  less  than  ten 
dollars  ($10)  nor  more  than  one  hundred  dollars  (i^lOO). 

Section  eleven  (11)  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 

Sec.  11.  No  person  shall  sell  or  offer  for  sale  any  cream  taken  from  impure  or  dis- 
eased milk,  or  cream  that  contains  less  than  twenty  (20)  per  centum  of  fat.  Who- 
ever violates  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  ($10)  nor  more  than  one 
hundred  dollars  (il 00). 

Section  twelve  (12)  of  said  act  is  hereby  amended  so  as  to  read  as  follows : 

Sec.  12.  In  all  prosecutions  under  this  act  relating  to  the  sale  and  manufacture  of 
unclean,  impure,  unhealthy,  adulterated,  or  unwholesome  milk,  if  the  milk  be  shown 
to  contain  more  than  eighty-seven  (87)  per  centum  of  w^ater  fluids  or  less  than  thir- 
teen (13)  per  centum  milk  solids,  of  which  less  than  three  and  one-half  (3^)  per 
centum  shall  be  fat,  shall  be  declared  adulterated,  and  milk  draw^n  from  cows  within 
fifteen  (15)  days  before  and  four  (4)  days  after  parturition,  or  from  animals  fed  on  distil- 
lery waste  or  brewers'  malt,  or  any  unhealthy  food  whatever,  shall  be  deemed,  for  the 
purpose  of  this  act,  to  be  unclean,  impure,  unhealthy,  and  unwholesome  milk.  The 


104 


LAWS  RELATING  TO  FOODS  AND  BEVERAGeS. 


penalties  for  any  violation  of  this  section  are  the  same  as  those  of  section  two  (2) 
of  this  act.    This  section  shall  not  prevent  the  feeding  of  ensilage  from  silos. 

No  person  shall  sell  or  expose  for  sale  in  any  store  or  place  of  business  or  on  any 
T^agoii  or  other  vehicle  used  iu  transporting  or  selling  milk  from  which  cream  has 
been  removed,  or  milk  commonly  called  "skimmed  milk,"  without  first  marking  the 
can  or  package  containing  said  milk  with  the  words  "  skimmed  milk  "  in  large,  plain, 
black  letters,  each  letter  being  at  least  one  inch  high  and  one-half  inch  wide.  Said 
words  to  be  on  the  top  or  side  of  said  can  or  package,  where  they  can  be  easily  seen. 

Whoever  violates  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  (25)  nor  more 
than  one  hundred  (100)  dollars  for  each  and  every  offense. 

Sec.  13.  Every  person  who  conveys  milk  in  carriages,  carts,  or  otherwise  for  the 
purpose  of  selling  the  same  in  any  city  or  town  of  two  thousand  inhabitants  or  more 
in  the  State  of  Minnesota,  shall  annually,  on  the  first  day  of  May,  or  within  thirty 
days  thereafter,  be  licensed  by  the  State  dairy  and  food  commissioner  to  sell  milk 
within  the  limits  of  said  city  or  town,  and  shall  pay  to  the  said  State  dairy  and  food 
commissioner  the  sum  of  one  dollar  (|1)  each  to  the  use  of  said  dairy  and  food  com- 
mission. 

Licenses  shall  be  issued  only  in  the  names  of  the  owners  of  carriages,  carts,  or  other 
vehicles,  and  shall,  for  the  purpose  of  this  act,  be  conclusive  evidence  of  ownership. 
No  license  shall  be  sold,  assigned,  or  transferred.  Each  license  shall  record  the  name, 
residence,  place  of  business,  number  of  carriages,  carts,  or  other  vehicles  used,  the 
name  and  residence  of  every  driver,  or  other  person  engaged  in  selling  said  milk,  and 
the  number  of  the  license.  Each  licensee  shall,  before  engaging  in  the  sale  of  milk, 
cause  his  name,  the  number  of  his  license  and  his  place  of  business  to  be  legibly 
placed  on  eacb  outer  side  of  all  carriages,  carts,  or  other  vehicles  used  by  him  in  the 
conveyance  and  sale  of  milk,  and  he  shall  report  to  the  State  dairy  and  food  com- 
missioner any  change  of  driver  or  other  person  employed  by  him  which  may  occur 
during  the  term  of  his  license.  Whoever,  without  being  first  licensed  under  the  pro- 
visions of  this  section,  sells  milk,  or  exposes  it  for  sale  from  carriages,  carts,  or  other 
vehicles,  or  has  it  in  his  custody  or  possession  with  intent  to  sell,  and  whoever  vio~ 
lates  any  of  the  provisions  of  tbis  section,  shall,  for  the  first  offense,  be  punished  by 
a  fine  of  not  less  tban  ten  dollars  ($10)  nor  more  than  fifty  dollars  ($50).  For  a  sec- 
ond ofl'ense  by  a  fine  of  not  less  than  fifty  dollars  ($50)  nor  more  than  one  hundred 
dollars  ($100),  and  for  a  subsequent  offense  by  fine  of  fifty  dollars  and  imprisonment 
iu  the  county  jail  for  not  less  than  thirty  (30)  nor  more  than  sixty  (60)  days. 

Sec.  14.  Every  person,  before  selling  milk,  or  offering  it  for  sale  in  a  store,  booth, 
stand,  or  market  place,  in  the  respective  towns  or  cities,  as  designated  in  tbis  act 
shall  procure  a  license  from  the  State  dairy  and  food  commissioner  or  his  authorized 
agents,  and  shall  pay  to  said  commissioner  or  his  agents  the  sum  of  one  dollar  ($1). 
And  whoever  neglects  to  procure  said  license  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  punished  for  each  offense  by  a  fine  not  exceeding  twenty-five  dollars 
($25). 

Sec.  15.  That  all  moneys  received  as  license  fees,  or  from  the  sale  of  any  and  all 
goods  confiscated  by  the  State  dairy  and  food  commissioner  under  said  act  shall  be 
received  and  disbursed  the  same  as  money  appropriated  for  the  use  of  said  dairy  and 
food  commission. 

Sec.  16.  The  having  in  possession  by  any  person  or  firm  of  any  articles  or  sub- 
stances prohibited  by  this  act  shall  be  considered  j;rjma evidence  that  the  same 
is  kept  by  such  person  or  firm  iu  violation  of  the  provisions  of  this  act,  and  the  com- 
missioner shall  be  authorized  to  seize  upon  and  take  possession  of  such  articles  or 
substances,  and  upon  the  order  of  any  court  which  has  jurisdiction  under  this  act 
he  shall  sell  the  same  for  any  purpose  other  than  to  be  used  for  food,  the  proceeds  to 
be  placed  to  the  credit  of  the  State  dairy  and  food  commissioners'  fund. 

Section  seventeen  (17)  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 


LAWS  RELATING  TO  FOODS  AND  BEVERAGE^. 


105 


Sec.  17.  The  district  and  mimicipal  cjartsaud  all  justices  of  the  peace  of  this  State 
shall  have  jurisdictiou  of  all  cases  arising  under  this  act,  and  their  jurisdictiou  is 
hereby  extended  so  as  to  enable  them  to  enforce  the  penalties  imposed  by  any  or  all 
of  the  sections  hereof. 

Section  eighteen  (18)  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 

Sec.  18.  In  all  i^rosecutions  under  this  act  the  cost  thereof  shall  be  paid  in  the 
manner  now  provided  by  law,  and  the  rest  paid  to  the  credit  of  the  State  dairy  and 
food  commissioners'  fund. 

Skc.  19.  All  acts  and  parts  of  acts  now  in  force  and  inconsistent  with  this  act  are 
hereby  repealed. 

Sec.  20.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 
Approved  April  20,  1839. 

IMITATION  BUTTER. 

Chap.  11,  General  laws  of  1891.    (S.  F.,  Xo.  467.) 

AN  ACT  relating  to  the  sale  of  imitation  butter. 

Be  it  enacted  hi/  the  legislature  of  the  State  of  Minnesota,  Whoever,  by  himself 
or  his  aijent,  shall  sell,  expose  for  sale,  or  have  in  his  possession  with  intent  to 
sell,aay  article  or  compound  made  in  imita,tion  of  butter  or  as  a  substitute  for 
butter,  and  not  wholly  made  from  milk  or  cream,  aud  that  is  of  any  other  color  than 
bright  pink,  shall  be  subject  to  the  x^^iyment  of  a  penalty  of  fifty  (50)  dollars,  and 
for  a  second  and  each  subsequent  offense,  a- penalty  of  one  hundred  (100)  dollars,  to 
be  recovered  with  costs  in  any  court  in  this  State  of  competent  jurisdiction. 

Sec.  2.  Samples  or  specimens  of  any  articles  in  imitation  of  butt  r,  suspected  of 
being  of  a  spurious  character,  shall  be  analyzed  or  otherwise  satisfactorily  tested  as 
to  color  aud  compounds  ;  and  a  certificate  of  the  analysis,  sworn  to  by  the  analyzer, 
shall  be  admissible  as  evidence  in  all  prosecutions  under  this  act. 

Sec.  3.  The  having  iu  possession  by  any  person  or  firiuof  any  articles  or  substance 
prohibited  by  this  act  shall  bo  considered  jj?'i>?ia/acie  evidence  that  the  same  is  kept  by 
such  person  or  firm  in  violation  of  the  provisions  of  this  act,  aud  the  State  dairy  and 
food  commissioner  shall  be  authorized  to  seize  upon  and  take  possession  of  such  arti- 
cle or  substance,  and  upon  the  order  of  any  court  which  has  jurisdiction  under  this 
act  he  shall  sell  the  same  for  any  purpose  other  than  to  be  used  for  food  ;  the  proceeds 
derived  from  fines  aud  the  sale  of  imitation  butter  shall  be  paid  into  the  State  treas- 
ury to  be  placed  to  the  credit  of  the  State  dairy  and  food  commissioner's  fund. 

Sec.  4.  For  the  purpose  of  this  act  the  term  butter  shall  be  understood  to  mean  the 
product  usually  known  by  that  name,  aud  which  is  manufactured  exclusively  from 
milk  or  cream  or  both. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  April  21,  1891. 

Chap.  141.    (S.  E.,  No.  657i) 
AN  ACT  to  prevent  fraud  in  dairy  products  and  to  preserve  health. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota,  Any  person  or  firm  who 
shall  make  or  manufacture  imitation  butter,  or  butter  made  of  part  cream  and  part 
caseine  aud  other  ingredients  under  whatis  knovrn  as  the  Quinness  patent  "or proc- 
ess, or  any  other  similar  process,  w^hereby  the  caseine  of  milk  and  other  ingredients 
are  made  to  imitate  and  resemble  genuine  butter  made  from  cieara,  shall  stamp  each 
package  of  the  same  on  the  top  and  sides  with  lam^^black  aud  oil,  the  words  "patent 
butter"  iu  letters  at  least  one-fourth  (i)  of  an  inch  wide  aud  one-half  (■^)  of  an  inch 
long. 

Whoever  violates  the  provisions  of  this  section  is  guilty  of  a  misdemeanor,  aud 
shall  be  punished  for  each  offense  by  a  fiue  of  not  less  than  twenty -five  ($25;  dollars 
nor  more  than  one  hundred  (§100)  dollars. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


Sec.  2.  Whoever  sells  or  offers  for  sale  auy  imitation  or  patent  butter,  as  described 
in  section  one  (1)  of  this  act,  sliall  give  to  each  i)urchaser  of  said  goods  a  printed  card 
stating  correctly  the  different  ingredients  contained  in  the  said  compound. 

Whoever  violates  the  provisions  of  this  section  is  guilty  of  a  misdemeanor,  and 
shall  be  punished  for  each  offense  by  a  fine  of  not  less  than  twenty-five  (•SJo)  dollars 
nor  more  than  one  hundred  (§100)  dollars. 

Sec.  3,  This  act  shall  take  effect  on  and  after  its  passage. 

Approved  March  7,  1887, 

FOOD  LAWS. 
Chap.  12,  General  laws  of  1891.    (H.  F.,  Jfo.  1237.) 

AiST  A.CT  in  reLilion  to  tiie  manufacture  and  sale  of  lard  and  of  lard  compounds  and  substitutes, 
and  of  food  prepared  therefrom,  to  prevent  fraud  and  to  preserve  the  public  health. 

Be  it  enacted  hij  the  legislaiare  of  the  Slate  of  Minnesota,  No  person  shall  within  this 
State  manufacture  for  sale,  have  in  his  possession  with  intent  to  sell,  offer  or  expose 
for  sale,  or  sell,  as  lard,  any  substance  not  the  legitimate  and  exclusive  product  of 
the  fat  of  the  hog. 

Sec.  2.  Every  person  who  manufactures  for  sale  within  this  State,  has  in  his  pos- 
session with  intent  to  sell,  offers  or  exposes  for  sale,  or  sells,  as  lard,  or  as  a  substitute 
fur  lard,  or  an  imitation  of  lard,  auy  mixture  or  compound  which  is  designed  to  take 
the  place  of  lard  and  which  is  made  from  animal  or  vegetable  oils  or  fats,  or  any 
mixture  or  compound  consisting  in  part  of  lard  in  mixture  or  combination  with,  ani- 
mal or  vegetable  oils  or  fats,  unless  the  same  shall  be  branded  or  labeled  as  herein- 
after required  and  directed,  shall  be  guilty  of  a  misdemeanor  and  shall  upon  convic- 
tion be  subject  to  the  penalties  hereinafter  provided  in  this  act. 

Sec.  3.  Every  person  who  manufactures  for  sale,  has  in  his  possession  with  intent 
to  sell,  offers  or  exposes  for  sale  or  sells,  any  substance  made  in  the  semb  ance  of  lard, 
or  as  an  imitation  of  lard,  or  a  substitute  for  lard,  and  which  is  designed  to  take  the 
place  of  lard,  and  which  consists  of  any  mixture  or  compound  of  animal  or  vegetable 
oils  or  fats  other  than  hog  fat  in  the  form  of  lard,  shall  cause  the  tierce,  barrel,  tub, 
pail,  or  package  containing  the  same  to  be  distinctly  and  legibly  branded  or  labeled 
in  letters  not  less  than  one  (1)  inch  in  length  with  the  name  of  the  person  or  firm 
making  the  same,  together  with  the  location  of  the  manufactory,  and  the  words  "Lard 
Substitute,"  and  immediately  following  the  same,  in  letters  not  less  than  one-half  {\) 
inch  in  length,  with  the  names  and  approximate  proportions  of  the  several  constit- 
uents which  are  contained  in  the  mixture  or  compound. 

Sec.  4.  Every  person  who  manufactures  for  sale,  has  in  his  possession  with  intent 
to  sell,  offers  or  exposes  for  sale,  or  sells  any  substance  made  in  the  semblance  of  lard, 
or  as  an  imitation  of  lard,  or  as  a  substitute  for  lard,  and  which  is  designed  to  take 
the  x^lace  of  lard  and  which  consists  of  any  mixture  or  compound  of  lard  with  animal 
or  vegetable  oils  or  fats,  shall  cause  the  tierce,  barrel,  tub,  pail,  or  package  contain- 
ing the  same  to  be  distinctly  and  legibly  branded  or  labeled  in  letters  not  less  than 
one  (1)  inch  in  length,  with  the  name  of  the  person  or  firm  making  the  same,  together 
with  the  location  of  the  manufactory,  and  the  words  "Adulterated  Lard,"  and  im- 
mediately following  the  same,  in  letters  not  less  than  one-half  (i)  inch  in  length,  with 
the  names  and  approximate  proportions  of  the  several  constituents  which  are  con- 
tained in  the  mixture  or  compound. 

Sec.  5.  Every  dealer  or  trader  who,  by  himself  or  his  agent,  or  as  the  servant  or 
agent  of  another  person,  offers  or  exposes  for  sale  or  sells  any  form  of  lard  substitute 
or  adulterated  lard  as  hereinbefore  defined,  shall  securely  atfix  or  cause  to  be  affixed 
to  the  package  wherein  the  same  is  contained,  offered  for  sale,  or  sold,  a  label,  upon 
the  outside  and  face  of  which  is  distinctly  and  legibly  printed,  in  lettersnot  less  than 
one-half  inch  in  length,  the  words  Lard  Substitute"  or  "  Adulterated  Lard,"  and 
immediatlely  following  the  same,  in  letters  not  smaller  than  long  primer,  the  name 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


lof 


and  approximate  proportions  of  the  several  constituents  wbicli  are  contained  in  the 
mixture  or  compound,  and  shall  furnish  to  the  purchaser  at  the  time  of  sale  a  card, 
upon  which  is  distinctly  and  legibly  printed  the  name  of  the  article  as  hereinbefore 
defined,  and  a  list  of  the  several  components  of  the  mixture. 

Sec.  6.  Every  person  who  manufactures  for  sale,  or  who  offers  or  exposes  for  sale 
or  sells,  or  who  serves  to  guests  as  keeper  of  hotel,  restaurant,  dining-room,  or  in  any 
other  capacity,  articles  of  food  which  have  been  prepared,  either  wholly  or  in  part, 
with  lard  substitutes,  or  adulterated  lard  as  hereinbefore  defined,  shall  at  the  time  of 
sale  furnish  to  the  purchaser  a  card  npon  which  is  distinctly  and  legibly  printed  the 
words,  "This  food  is  prepared  with  lard  substitute  (or  adulterated  lard),"  or  in  case 
no  bill  of  fare  is  provided,  there  shall  be  kept  constantly  posted  npon  each  of  the 
sides  of  the  dining-room,  in  a  conspicuous  position,  cards  upon  the  face  of  which  is 
distinctly  and  legibly  printed  in  the  English  language,  and  in  letters  of  sufficient  size 
to  be  visible  from  all  parts  of  the  room  the  words:  "  Lard  substitute  (or  adulterated 
lard)  is  used  in  the  preparation  of  the  fr>od  served  here." 

Sec.  7.  The  having  in  possession  of  any  lard  substitute  or  adulterated  lard,  as  here- 
inbefore defined,  which  is  not  branded  or  labeled  as  hereinbefore  required  and  directed 
upon  the  part  of  any  dealer  or  trader,  keeper  of  hotel,  restaurant,  bakery,  or  person 
engaged  in  the  public  sale  of  such  articles  or  of  food  prepared  therefrom,  shall  for 
the  purpose  of  this  act  be  deemed  prima  facie  evidence  of  intent  to  sell  the  same  or 
to  use  the  same  in  an  illegal  manner. 

Sec.  8.  The  district  and  municipal  courts  and  justices  of  the  peace  of  this  State 
shall  have  jurisdiction  of  all  eases  arising  under  this  act,  and  their  jurisdiction  is 
hereby  extended  so  as  to  enable  them  to  enforce  the  penalties  imposed  by  this  act. 

Sec.  9.  It  shall  be  the  duty  of  the  State  dairy  and  food  commissioner  and  his 
assistants,  experts,  chemists,  and  agents  by  him  appointed  to  enforce  the  provisions 
of  this  act.  The  said  commissioner  is  hereby  authorized  and  empowered  to  employ 
such  experts  and  chemists  as  may  be  deemed  by  him  necessary  for  the  proper  enforce- 
ment of  the  law,  their  compensation  to  be  fixed  by  the  commissioner.  All  charges, 
accounts,  and  expenses  authorized  by  this  act  shall  be  paid  by  the  State  treasurer 
upon  a  warrant  drawn  by  the  State  auditor. 

Sec.  10.  The  said  commissioner  and  assistant  commissioners,  experts,  chemists,  and 
others  by  him  appointed,  shall  have  access,  ingress,  and  egress  to  all  places  of  busi- 
ness, factories,  and  buildings  where  the  same  is  manufactured  or  kept  for  sale;  they 
shall  also  have  power  and  authority  to  open  any  package,  car,  or  vessel  containing 
such  articles  which,  may  be  manufactured,  sold,  or  exposed  for  sale  in  violation  of  the 
provisions  of  this  act,  and  may  inspect  the  contents  therein  and  take  samples  there- 
from for  analysis.  All  clerks,  bookkeepers,  express  agents,  railroad  officials,  em- 
ployes, or  common  carriers,  shall  render  them  all  the  assistance  in  their  power,  when 
so  requested,  in  tracing,  finding,  or  discovering  the  presence  of  any  prohibited  arti- 
cle named  in  this  act.  Any  refusal  or  neglect  on  the  part  of  such  clerk,  bookkeeper, 
express  agent,  railroad  officials,  employes,  or  common  carriers  to  render  such 
friendly  aid  shall  be  deemed  a  misdemeanor  and  be  punished  by  a  fine  of  not  less 
than  twenty-five  (25)  dollars  or  more  than  fifty  (50)  dollars  for  each  and  every  offense. 

Sec.  11.  In  all  prosecutions  under  this  act  the  costs  thereof  shall  be  paid  in  the 
manner  now  provided  by  law,  and  such  fine  shall  be  paid  into  the  State  treasury,  and 
placed  to  the  credit  of  the  State  dairy  and  food  commissioner's  fund. 

Sec.  12.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  deemed  to 
he  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  (25)  dollars  or  more  than  one  hundred  (100)  dollars  and  costs 
for  each  offense,  or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  (30) 
days  or  more  than  ninety  (90)  days. 

Sec.  13.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

Sec.  14.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  i^assage. 

Approved  April  20,  A.  D.  1891. 


108 


LAWS  RELATING  TO  FOODS  AXD  BEVERAGES. 


Chap.  119,  gexeual  laws  of  1891.    (S.  F.  Xo.  393.) 

AX  ACT  to  amend,  chapter  seven  (7)  of  the  General  Laws  of  one  thousand  eight  hundred  and  eighty- 
nine  (1889),  an  act  enriried  "An  act  in  relation  to  the  manufacture  and  sale  of  baking  powders, 
sugars  and  syrups,  vinegars,  lard,  spiiituous  and  malt  liquors,  to  prevent  fraud,  and  to  preserve  the 
public  health."    Approved  April  -Ji,  A.  D.  1889. 

Be  it  enacted  ly  the  legislature  of  the  State  of  Minnesota,  Every  person  who  mannfac- 
tnres  for  sale  within  this  State,  or  offers  or  exposes  for  sale,  or  sells  any  baking  pow- 
der, or  any  mixture  or  compound  Intendei  for  use  as  a  bakiug  powder,  under  any 
name  or  title  whatsoerer,  which  shall  contain,  as  may  appear  by  the  proper  tests,  any 
alum,  in  any  form  or  shape,  unless  the  same  be  labeled,  as  hereiuafter  required  and 
directed,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall,  for 
each  offense,  be  punished  by  a  tine  not  less  than  twenty-five  (S25),  or  more  than  one 
hundred  dollars  (8100)  and'costs,  or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days. 

Sec.  2.  Every  person  making  or  manufacturing  baking  powder,  or  any  mixture  or 
compound  intended  for  u.se  as  a  baking  powder,  which  contains  alum  in  any  form  or 
shape,  shall  securely  affix,  or  cause  to  be  securely  affixed,  to  every  box.  can,  or  pack- 
age containing  such  baking  powder  or  like  mixture  or  compound,  a  label,  upon  the 
outside  and  face  of  which  is  distinctly  printed  in  legible  type,  no  smaller  than 
"brevier  heavy  gothic  caps,''  the  name  and  residence  of  the  manufacturer,  and  the 
following  vrords  :  '^This  baking  powder  contains  alum."  Any  person  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  for  each 
offense,  be  punished  by  a  fine  not  less  than  twenty-five  (■^"25)  or  more  than  one 
hundred  (SlOO)  dollars  and  costs,  or  by  imprisonment  in  the  county  jail  not  to  exceed 
thirty  days. 

Sec.  3.  The  having  in  possession  by  any  person  or  firm  of  any  of  the  articles  or  sub- 
stances hereinbefore  described,  and  not  labeled,  as  provided  by  section  two  (2)  of 
this  act,  shall  be  considered  prima  facie  evidence  that  the  same  is  kept  by  such  person 
or  firm  in  violation  of  the  provisions  of  this  act,  and  the  State  dairy  and  food  com- 
missioner, his  assistants,  experts,  and  chemists,  or  any  one  thereof,  are  hereby 
authorized  to  seize  upon  and  take  possession  of  such  articles  or  substances,  and  upon 
the  order  of  any  court  which  has  jurisdiction  under  this  act,  he  shall  sell  the  same, 
giving  full  notice  of  the  time  of  such  sale,  and  of  the  fact  that  such  compound  or 
substances  contain  alum,  and  the  proceeds  of  such  sale  shall  be  jDlaced  to  the  credit 
of  the  State  dairy  and  food  commissioner's  fund. 

Sec.  4.  The  district  and  municipal  courts  and  justices  of  the  peace  of  this  State 
shall  have  jurisdiction  of  all  cases  arising  under  this  act,  and  their  jurisdiction  is 
hereby  extended  .so  as  to  enable  them  to  enforce  penalties  imposed  by  any  or  all  of 
the  sections  hereof. 

Sec.  5.  In  all  prosecutions  under  this  act,  the  costs  thereof  shall  be  paid  in  the 
manner  now  provided  by  law,  and  such  fine  shall  be  placed  to  the  credit  of  the  State 
dairy  and  food  commissioner's  fund. 

Sec.  3.  Every  person  who  manufactures  for  sale,  or  offers  or  exposes  for  sale,  as 
cider  vinegar,  any  vinegar  not  the  legitimate  product  of  pure  apple  juice,  known  as 
apple  cider,  or  vinegar  not  made  exclusively  of  said  apple  cider,  or  vinegar  into 
which  foreign  substances,  drugs,  or  acids  have  been  introduced,  as  may  appear  by 
proper  tests,  shall  be  deemed  guilty  of  a  misdemeanor,  and  for  each  offense  be  pun- 
ishable by  fine  of  not  less  than  twenty-five,  or  more  than  one  hundred  dollars  and 
costs. 

Si- c.  0.  Every  person  who  luanufactures  for  sale  or  offers  for  sale  any  vinegar, 
found  upon  proper  tests  to  contain  any  preparation  of  lead,  copper,  sulphuric  acid, 
or  other  ingredient  injurious  to  health,  shall  be  deemed  guiltv  of  a  misdemeanor,  and 
for  such  offense  shall  be  punished  by  a  fine  of  not  less  than  ten  (10)  dollars  nor  ^uore 
than  one  hundred  (100)  dollars  and  costs. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


109 


Sec.  10.  No  person,  by  himself,  his  servant,  or  agent,  or  as  the  servant  or  agent  of 
any  other  person,  shall  sell,  exchange,  deliver,  or  have  in  his  custody  or  possession, 
with  intent  to  sell  or  exchange,  or  expose  or  offer  for  sale  or  exchange,  any  adulter- 
ated vinegar,  or  label,  brand,  or  sell  as  cider  vinegar,  or  as  apple  vinegar,  any  vine- 
gar not  the  legitimate  product  of  pure  apple  juice,  or  not  made  exclusively  from  apple 
cider. 

Sec.  11.  All  vinegar  shall  have  an  acidity  equivalent  to  the  presence  of  not  less 
than  four  and  one-half  per  cent  by  weight  of  absolute  acetic  acid,  and  in  case  of  cider 
vinegar  shall  contai."  in  addition  not  loss  than  two  per  cent  by  weight  of  cider  vine- 
gar solids  upon  full  evaporation  over  boiling  water,  and  if  any  vinegar  contains  any 
artificial  coloring  matter,  or  less  than  the  above  acidity,  or,  in  the  case  of  cider  vine- 
gar, if  it  contains  less  than  the  above  amount  of  acidity  or  of  cider  vinegar  solids,  it 
shall  be  deemed  to  be  adulterated  within  the  meaning  of  this  act.  All  manufactur- 
ers of  vinegar  in  the  State  of  Minnesota,  and  all  persons  who  reduce  or  rebarrel  vine- 
gar in  this  State,  and  all  persons  who  handle  vinegar  in  lots  of  one  barrel  or  more, 
are  hereby  required  to  stencil  or  mark  in  black  figures  at  least  one  inch  in  length, 
on  the  head  of  each  barrel  of  vinegar  bought  or  sold  by  them,  the  kind  of  vinegar 
contained  in  each  package  or  barrel,  together  with  the  name  of  the  manufacturer  and 
location  of  the  factory  where  the  same  is  made,  and  the  standard  strength  of  the 
vinegar  contained  in  the  package  or  barrel,  which  latter  shall  be  denoted  by  the 
number  of  grains  of  pure  bicarbonate  of  potash  required  to  neutralize  one  fluid  ounce 
of  vinegar.  And  any  neglect  so  to  mark  or  stencil  each  package  or  barrel,  or  any 
false  marking  of  packages  or  barrels,  shall  be  deeined  a  misdemeanor,  and  shall  be 
punished  by  a  fine  of  not  less  than  twenty- five  (2.5)  dollars  nor  more  than  one  hun- 
dred (100)  dollars  and  costs. 

Sec.  12.  Whoever  violates  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  less  than  ten  (10)  dollars  nor 
more  than  fifty  (.50)  dollars  and  costs. 

Sec.  13.  Whoever  adulterates,  for  the  purpose  of  sale,  lard  with  cotton-seed  oil,  or 
other  vegetable  oils,  or  terra  alba  or  any  substance  injurious  to  health,  or  whoever 
barters  or  gives  away  or  sells,  or  has  in  possession  with  intent  to  sell,  any  substance 
intended  for  food,  which  has  been  adulterated  with  cotton-seed  oil,  terra  alba,  or 
any  other  substance  injurious  to  health,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25)  or  more  than  one 
hundred  dollars  (i!?100)  and  costs  for  each  offense. 

Sec.  14.  The  having  in  possession  of  any  adulterated  lard,  by  any  dealer  or  trader, 
shall  for  the  purpose  of  this  act  be  deemed  prima  facie  evidence  of  intent  to  sell  the 
same. 

Sec.  15.  No  person  shall  within  this  State  manufacture,  brew,  distill,  have  or  offer 
for  sale,  or  sell  any  spirituous  or  fermented  or  malt  liquors  containing  any  substance 
or  ingredient  not  normal  or  healthful  to  exist  in  spirituous,  fermented,  or  malt 
liquors,  or  w'hich  may  be  deleterious  or  detrimental  to  health  when  such  liquors  are 
used  as  a  beverage  ;  and  any  person  violating  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  twenty-five  dollars  ($25)  or  more  than  one  hundred  dollars  (|100)  and  costs 
for  the  first  offense,  and  by  a  fine  of  not  less  than  fifty  dollars  (|oO)  or  more  than  one 
hundred  dollars  (|100)  and  costs,  or  imprisonment  of  not  less  than  thirty  or  more 
than  ninety  days,  or  by  both  such  fine  and  imprisonment  for  each  subsequent  offense. 

Sec.  16.  It  shall  be  the  duty  of  the  State  dairy  and  food  commissioner  and  his  as- 
sistants, experts,  and  chemists  by  him  appointed  to  enforce  the  provisions  of  this  act. 
The  said  commissioner  is  hereby  authorized  and  empowered  to  employ  such  experts 
and  chemists  as  may  be  deemed  by  him  necessary  for  the  proper  enforcement  of  this 
law,  their  compensation  to  be  fixed  by  the  commissioner.  All  charges,  accounts, 
and  expenses  authorized  by  this  act  shall  be  paid  by  the  State  treasurer  upon  a  war-. 
rant  drawn  by  the  State  auditor. 


110  LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


Sec.  17.  The  said  commissioner  and  assistant  commissioner,  and  sucli  experts  and 
chemists  as  they  shall  duly  authorize  for  the  purpose,  shall  have  access,  iugress,  and 
egress  to  all  places  of  business,  factories,  and  buildings  where  the  same  is  manufac- 
tured or  kept  for  sale,  cases  or  vessels  used  in  the  manufacture  and  sale  of  any  spir- 
ituous, fermented,  or  malt  liquors,  or  any  imitation  thereof,  or  any  of  the  substances 
or  articles  mentioned  in  this  act.  They  shall  also  have  power  and  authority  to  open 
any  package,  car,  or  vessel  containing  such  articles  which  may  be  manufactured, 
sold,  or  exposed  for  sale  in  violation  of  the  provisions  of  this  act,  and  may  inspect 
the  contents  therein,  and  may  take  samples  therefrom  for  analysis.  All  clerks,  book- 
keepers, express  agents,  railroad  officials,  employes,  or  common  carriers  shall  render 
to  them  all  the  assistance  in  their  power,  when  so  requested,  in  tracing,  finding  or 
discovering  the  presence  of  any  lirohibited  article  named  in  this  act.  Any  refusal  or 
neglect  on  the  part  of  such  clerks,  bookkeepers,  express  agents,  railroad  officials, 
employes,  or  common  carriers  to  render  such  friendly  aid  shall  be  deemed  a  misde- 
meauor  and  be  punished  by  a  fine  not  less  than  fifty  dollars  (|50)  or  more  than  one 
hundred  dollars  ($100)  for  each  and  every  offense. 

Sec.  18.  The  salary  of  the  chemists  shall  not  exceed  two  thousand  dollars  ($2,000) 
annually. 

Sec.  19.  This  act  shall  take  effect  and  be  in  force  from  and  after  August  1st,  A.  D. 
1889. 

Approved  April  24th,  1889. 

Approved  as  amended  April  20th,  1891. 

NEW  HAMPSHIRE. 

AN  ACT  to  prevent  the  sale  of  adalterated  foods,  drugs,  and  other  articles 
Section  1.  No  person  shall  sell  or  offer  for  sale  any  adulterated  drug  or  sub- 
stauce  to  be  used  in  the  manner  of  medicine  taken  internally  or  applied  externally, 
or  any  adulterated  article  of  food  or  substance  to  be  used  in  the  manner  of  food  or 
drink. 

Sec.  2.  If  any  drug  or  substance  used  for  medicine  sold  under  a  name  recognized 
by  the  United  States  Pharmacopoeia,  or  under  a  name  not  recognized  in  that  work, 
but  tonnd  in  some  other  pharmacopoeia  or  other  standard  work  of  materia  medica, 
differs  materially  from  the  standard  of  strength,  quality,  or  purity  laid  do^ii  in  such 
work,  or  contains  less  of  the  active  principle  thau  is  contained  in  the  genuine  article, 
weight  for  weight,  or  falls  below  the  professed  standard  under  which  it  is  sold,  it 
shall  be  deemed  to  be  adulterated  withiu  the  meaning  of  this  act. 

Sec.  3.  If  any  food  or  substance  to  be  eaten  or  used  in  the  manner  of  food  or  drinlc 
contains  a  less  quantity  of  any  valuable  constituent  that  is  contained  in  the  genuine 
article,  weight  for  weight,  or  contains  any  substance  foreign  to  the  well-known 
article  under  whose  name  it  is  sold,  or  is  colored,  coated,  polished,  or  powdered, 
whereby  damage  is  concealed,  or  contains  any  added  poisonous  ingredient,  or  con- 
sists wholly  or  partly  of  any  decomposed,  putrid,  or  diseased  substance,  whether 
manufactured  or  not,  or  has  become  offensive  or  injured  from  age  or  improper  care, 
it  shall  be  deemed  to  be  adulterated  within  the  meaning  of  this  act. 

Sec.  4.  Whoever  fraudulently  adulterates  for  the  purpose  of  sale  any  article  of  food, 
drink,  drug,  or  medicine,  or  knowingly  sells  any  fraudulently  adulterated  article  of 
food  or  drink,  drug  or  medicine,  or  any  kind  of  diseased  or  unwholesome  provisions, 
as  defined  in  this  act,  shall  be  imprisoned  not  exceeding  one  year  or  be  fined  not 
exceeding  four  hundred  dollars,  to  be  recovered  by  indictment  for  use  of  the  county 
in  which  the  offence  was  committed. 

Sec.  5.  The  State  board  of  health  shall  take  cognizance  of  the  interests  of  the  pub- 
lic health  relating  to  the  sale  of  drugs  and  foods,  and  the  adulteration  of  the 
same,  and  shall  make  all  necessary  investigations  and  inquiries  in  reference  thereto, 
and  the  analytical  work  required  under  the  provisions  of  this  act  shall  be  made  by 
the  United  States  Experimental  Station  and  New  Hampshire  College  of  Agriculture 
and  the  Mechanic  Arts, 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES 


111 


Sec.  6.  Every  person  otferiugor  exposing  for  sale  any  drug  or  article  of  food  within 
the  meaning  of  this  act  shall  furnish  to  any  analyst  or  other  officer  duly  appointed 
for  the  purpose,  who  shall  apply  to  him  for  the  same  and  tender  him  its  value  in 
money,  a  sample  sufficient  for  the  purpose  of  the  analysis  of  any  such  drug  or  article 
of  food  which  is  in  his  possession. 

Sec.  7.  Any  person  who  has  reason  to  doubt  the  purity  or  genuineness  of  any 
article  of  food  which  he  has  purchased  may  send  at  his  own  expense  a  sealed  sample 
of  it  to  the  State  board  of  health  for  inspection.  If  upon  examination  the  article 
appears  to  bo  adulterated,  said  board  of  health  may  obtain  a  certified  sample  of  it 
by  whatever  way  seems  best  to  them,  and  should  this  sample  prove  to  be  adulterated 
the  board  shall  begin  proceedings  at  once  against  the  vendor  of  the  article. 

Sec.  8.  Whoever  hinders,  obstructs,  or  in  any  way  interferes  with  any  inspector, 
analyst,  or  other  officer  appointed  hereunder  in  the  performance  of  his  duty,  shall  be 
punished  byline  not  exceeding  fifty  dollars  for  the  first  offence  and  one  hundred  dol- 
lars for  each  subsequent  ofience. 

Sec.  9.  Before  commencing  the  analysis  of  any  sample  the  analyst  shall  reserve  a 
portion,  which  shall  be  sealed,  and  in  case  of  a  complaint  against  any  person  part  of 
the  reserved  portion  of  the  sample  alleged  to  be  adulterated  shall,  upon  application, 
be  delivered  to  the  defendant  or  his  attorney,  and  part  of  the  reserved  portion  of  the 
sample  shall  be  delivered  to  the  secretary  of  the  State  board  of  health. 

Sec.  10.  The  State  board  of  health  shall  adopt  such  measures  as  it  may  deem  uec- 
essary  to  facilitate  the  enforcement  of  this  act,  and  for  the  collecting  and  examining 
of  drugs  and  foods,  articles  of  clothing,  fabrics,  wallpaper,  or  anything  containing 
poisonous  pigments  or  substances  whereby  the  health  of  any  person  wearing  or  using 
the  same  may  be  injured. 

Sec.  11.  Said  board  of  health  shall  report  annually  to  the  governor  and  council  the 
number  and  kinds  of  samples  examined,  together  with  the  results  of  such  examina- 
tion, the  number  of  prosecutions  made  under  this  act,  and  an  itemized  account  of  all 
money  expended  in  carrying  out  the  provisions  thereof. 

Sec.  12.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed, 
and  this  act  shall  take  effect  upon  its  passage. 

Approved  April  7,  1891. 

NEW  JERSEY. 

OLEOMAEGARINE,  FOOD,  AND  DRUGS. 

AN  ACT  to  prevent  deception  in  the  sale  of  oleomargarine,  butterine,  or  any  imitatioa  of  dairy  prod- 
ucts, and  to  preserve  the  public  health. 

1.  Be  it  enacted  hy  the  senate  and  general  assembly  of  the  State  of  New  Jersey,  That  no 
person  shall  offer  or  expose  for  sale,  or  sell,  or  liave  in  possession  for  the  purposes  of 
sale,  any  oleomargarine  or  butterine  or  suine,  or  any  substance  in  imitation  or  sem- 
blance of  natural  butter  or  cheese,  or  any  substance  that  is  rendered,  made,  manu- 
factured, or  compounded  out  of  any  animal  or  vegetable  or  mineral  fat  or  oil  not  pro- 
duced from  pure  milk  or  cream  from  pure  milk,  unless  contained  in  or  sold  out  of  or 
in  tubs,  pails,  firkins,  vessels,  or  other  packages  marked  and  labeled  as  required  by 
section  three  of  this  act. 

2.  That  no  person  shall  offer  or  expose  for  sale  or  sell,  or  have  in  possession  for  the 
purposes  of  sale,  any  mixture  or  compound  of  natural  butter  or  cheese  with  oleomar- 
garine, butterine,  suine,  or  any  animal  or  vegetable  or  mineral  fat  or  oil,  or  any  sub- 
stance not  the  product  of  pure  milk  or  cream  from  pure  milk,  except  such  mixture  or 
compound  shall  be  sold  out  of  or  in  or  contained  in  tubs,  firkins,  pails,  vessels  or 
packages  marked  or  labeled  as  required  by  section  three  of  this  act. 

3.  That  no  oleomargarine,  butterine,  or  suine,  or  any  substance  or  compound  or 
mixture  in  imitation  or  semblance  of  natural  butter  or  cheese,  or  any  substance  that 


112 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


is  rendered,  made,  manufactured,  or  compounded  out  of  animal  or  vegetable  or  min- 
eral fat  or  oil  not  the  product  of  pure  milk  or  cream  from  pure  milk,  shall  be  sold  or 
exposed  or  offered  for  sale,  or  held  in  possession  for  the  purposes  of  sale,  except  when 
contiained  in  tubs,  x^ails,  boxes,  iirkins,  vessels,  or  other  p)ackages  that  are  nuirked  or 
labeled  as  follows,  to  wit,  every  such  tub,  pail,  box,  firkin,  or  other  vessel  or  package 
shall  have  i)ainted  on  the  ontside  thereof  and  midway  between  the  top  and  bottom 
thereof,  a  stripe  or  band,  at  least  three  inches  wide,  and  extending  completely  aronnd 
said  vessel  or  package,  and  said  stripe  or  band  shall  be  painted  with  black  paint; 
every  such  vessel  or  package  shall  have  legibly  branded  and  burnt  in,  by  means  of 
a  branding  or  burning  iron,  on  the  outside  of  the  cover  and  on  the  ontside  of  said 
vessel  or  package,  in  two  places  as  nearly  opposite  each  other  as  possible,  the  words 
"oleomargarine,"  butterine,"  "  suine,"'  or  "imitation  butter,"  or  "imitation 
cheese,"'  as  the  case  may  be,  and  said  name  or  title  shall  be  composed  of  Roman  let- 
ters at  least  one-half  an  iuch  high  and  at  least  one-quarter  of  an  inch  broad,  aud  said 
name  or  title  shall  be  at  least  ten  inches  long  :  aud  every  such  tub,  pail.  box.  thkin, 
or  other  vessel  or  package  shall  bear  a  label  or  shall  have  branded  on  it  a  mark  giv- 
ing the  name  and  address  of  the  maker  of  the  contents  thereof,  and  the  name  aud 
location  of  the  manufactory. 

4.  That  no  person  shall  sell  any  oleomargarine,  butteriue,  suine,  or  any  substance 
in  imitation  or  semblance  of  natural  butter  or  cheese,  or  any  substance  that  is  ren- 
deretl,  made,  manufactured,  or  compounded  out  of  any  animal  or  vegetable  or  min- 
eral fat  or  oil  not  produced  from  pure  milk,  or  the  cream  from  pure  milk,  at  retail  or 
in  quantities  less  than  the  original  tub,  firkin,  or  other  package,  unless  he  shall  first 
inform  the  purchaser  that  the  substance  is  not  natural  butter  or  cheese,  but  is  imita- 
tion butter  or  cheese,  and  at  the  time  of  sale  aud  with  each  sale  he  shall  give  to  the 
purchaser  a  card  or  notice  p>rinted  on  which  shall  be  the  name  of  the  substance  sold 
and  the  name  aud  address  of  the  seller  or  vendor,  and  said  notice  or  card  shall  be  at 
least  six  inches  long,  and  at  least  four  inches  wide,  and  the  printing  thereon  shall  be 
in  letters  at  lea'^t  of  the  size  known  as  two-line  English,  and  said  notice  or  card  shall 
be  printed  in  black  and  in  the  English  language. 

5.  That  no  person  shall  olfer  or  expose  for  sale,  or  sell,  or  have  in  possession  for  the 
purposes  of  sale,  any  oleomargarine,  butteriue,  suine,  or  any  substance  in  imitation 
of  natural  butter  or  cheese,  or  any  substance  that  is  rendered,  made,  manufactured, 
or  compounded  out  of  any  animal  or  vegetable  or  mineral  fat  or  oil  not  produced  from 
pure  milk  or  cream  from  pure  milk,  that  is  colored,  stained,  or  mixed  with  annatto 
or  any  other  coloring  matter  or  substance. 

6.  That  for  the  purposes  of  this  act  the  terms  "  natural  butter,"  or  "  natural  butter 
or  cheese/'  shall  be  taken  to  mean  the  product  or  products  usually  known  by  these 
names,  and  which  are  made  and  manufactured  exclusively  from  milk  or  cream,  or 
both,  with  salt  or  salt  and  rennet,  and  with  or  without  coloring  matter  or  sage  ;  aud 
the  terms  "  oleomargarinej"  "  butteriue,''  "suine."  or  "substance  inimitation  orsem- 
blance  of  natural  bjutter  or  cheese,"'  shall  I'e  to  mean  any  substance  that  is  rendered, 
made,  manufactured,  or  compounded  out  of  any  animal  or  vegetable  or  mineral  oil  or 
fat,  not  the  product  of  pure  milk  or  the  cream  from  pure  milk  ;  also,  any  compound 
or  mixture  of  natural  butter  or  cheese,  or  milk  or  cream,  with  any  of  these  substances 
not  milk  or  cream. 

7.  That  the  possession  by  any  person  who  is  either  manufacturer,  merchant,  broker, 
wholesale  or  retail  dealer,  or  a  hotel,  inn,  restaurant,  or  boarding-house  keeper,  of 
any  oleaginous  substance,  mixture,  or  compound  whatever  as  defined  by  this  act,  not 
natural  butter,  that  is  not  contained  m  a  tub,  box,  pail,  or  vessel,  plainly  marked 
and  branded  in  accordance  with  the  provisions  of  section  three  of  this  act,  shall  be 
prima  facie  evidence  of  in'ient  to  sell  the  same. 

8.  That  no  person  shall  in  any  way  or  manner  erase,  cancel,  or  obliterate,  deface, 
or  cover  over  or  remove  either  the  band  or  stripe  of  paint,  or  the  brands  required  by 
section  three  of  tliis  act  to  be  placed  on  the  tub,  box,  pail,  or  vessel  containing  any 
loeaginous  substance,  mixture,  or  compound  as  defined  by  this  act. 


LAWS  KELATIXG  TO.  FOODS  AND  BEYERAGES. 


113 


9.  That  every  person  who  shall  violate  any  of  the  provisions  of  this  act  sliall  he 
liable  to  a  penalty  of  one  hundred  dollars  for  the  first  offense  and  two  hundred  dol- 
lars for  each  second  or  subsequent  offense. 

10.  That  every  district  court  in  any  city,  and  every  justice  of  the  peace  in  any 
county,  and  auy  recorder  in  any  city,  is  hereby  eu)powered  on  oath  or  affirmation 
made  according  to  law  that  any  person  or  persous  has  or  have  violated  any  provision 
of  this  ac!^,  to  issue  x)rocess  at  the  suit  of  the  commissioner  herein  named  as  plaintiff 
for  the  use  of  the  State  of  New  Jersey,  either  io  the  manner  of  a  summons  or  warrant, 
against  the  person  or  persons  so  charged,  which  process  shall,  wheu  in  the  nature  of 
a  warrant,  be  returnable  forthwith,  and  when  in  the  nature  of  a  summons,  shall  be 
returnable  in  not  less  than  one  nor  more  than  ten  entire  days ;  such  process  shall 
state  what  provision  of  the  law  is  alleged  to  have  been  violated  by  the  defendant  or 
defendants  ;  and  on  the  return  of  such  process,  or  at  any  time  to  which  the  trial  shall 
have  deen  adjourued,  the  said  court,  justice  of  the  peace,  or  recorder  shall  proceed 
to  hear  testiuiouy  and  to  determine  and  give  judgment  in  the  matter,  without  the 
tiliug  of  auy  pleadings,  for  the  plaintiff,  for  the  recovery  of  such  penalty,  with  costs, 
or  for  the  defendant ;  and  the  said  court,  justice  of  the  peace,  or  recorder  shall,  if 
judgment  be  rendered  for  the  x^laintiff',  forthwith  issue  execution  against  the  goods 
and  chattels  and  person  of  the  defendant  or  defendants;  and  the  said  court,  justice 
of  the  peace,  or  recorder  is  further  empowered  to  cause  auy  such  defendant  who  may 
refuse  or  neglect  to  pay  the  amount  of  the  judgment  rendered  against  him,  and  all 
the  costs  and  charges  incident  thereto,  unless  an  appeal  is  granted,  to  be  committed 
to  the  county  jail  for  any  period  not  exceeding  ninety  days. 

11.  That  the  officers  to  serve  and  execute  all  process  under  this  act  shall  be  the 
officers  authorized  to  serve  and  execute  process  in  said  courts,  and  before  such  magis- 
trates and  officers  as  aforesaid,  including  the  constables  of  such  counties  and  all  police 
officers  of  such  cities. 

12.  That  said  district  court,  justice  of  the  peace,  or  recorder  shall  have  power  to 
adjourn  the  hearing  or  trial  in  any  case,  from  time  to  time,  not  exceeding  thirty  days 
from  the  return  of  the  summons  or  warrant,  and  to  bail  the  person  so  charged  in  such 
sum  as  he  may  deem  proper  for  his  appearance  at  such  time  and  place  as  said  trial  or 
hearing  shall  be  adjourued  to,  and  in  default  of  bail  to  conimiLtue  person  so  charged 
to  the  common  jail  of  said  county,  to  be  there  detained  until  the  trial  or  hearing  of 
the  charge. 

13.  That  either  the  complainant  or  defeudaut,  upon  payiug  all  costs  incurred  aurl 
by  illing  with  said  district  court,  justice,  or  recorder,  within  ten  days  after  trial 
before  him,  a  written  notice  of  his  or  her  intention  to  appeal  from  the  decision  of  said 
court,  justice,  or  recorder,  may  appeal  to  the  next  court  of  general  quarrer  sessions 
of  the  peace  of  the  county  in  which  said  complaint  may  have  been  determined,  and 
said  court  of  general  quarter  sessions  shall  proceed  aud  try  the  same  and  make  such 
adjudications  as  are  herein  provided  in  case  of  such  trial  before  said  district  court, 
justice,  or  recorder. 

14.  That  all  penalties  imposed  under  this  act  shall  be,  immediately  on  receipt,  paid 
iuto  the  treasury  of  tbis  State  by  the  coumiissioner. 

15.  That  the  State  board  of  health  shall  appoint  a  commissioner,  who  shall  be 
known  as  the  State  dairy  couiuiissioner,  who  shall  be  a  citizen  of  this  State,  and  who 
shall  hold  hi.s  office  for  the  term  of  three  years  and  until  his  successor  shall  be  ap- 
pointed, and  said  commissioner  shall  be  x>aid  a  salary  of  two  thousand  dollars  per 
annum  and  his  traveling  and  other  expenses,  x^ayable  by  the  treasurer  of  this  State 
on  warrant  of  the  comptroller,  in  quarterly  payments;  and  said  commissioner  shall 
be  appointed  within  fifteen  days  after  the  passage  of  this  act,  and  shall  be  charged 
with  the  enforcement  of  the  various  provisions  thereof;  and  said  commissioner  may 
be  removed  for  just  cause  by  the  ap[)ointing  power  conferred  by  the  act:  Providtdy 
That  charges  shall  be  first  made  in  writing  and  he  be  given  time  to  reply  thereto;  aud 
f  he  said  commissioner  shall  make  annual  reports  to  the  legislature  not  later  than  the 

^  fifteenth  day  of  January  in  each  year,  aud  also  to  the  State  board  of  health  at  its 

19150— ]^o.  32  8 


114 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


ammal  meeting;  and  said  connuissiouer  is  hereby  authorized  and  empowered  to  ap- 
point or  employ  sucli  assistants,  chemists,  agents,  clerks,  and  counsel  as  may  be 
deemed  necessary  for  the  proper  enforcement  of  this  act,  their  compensation  to  be 
fixed  by  the  commissioner. 

16.  That  the  said  commissioner  shall  be  authorized  to  expend  for  the  purposes  of 
this  act  an  amount  not  exceeding  ten  thousand  dollars  in  any  one  year,  aud  all  ex- 
penses shall  be  paid  by  the  treasurer  of  this  State  on  warrant  of  the  comptroller,  upon 
presentation  of  properly  certified  accounts  made  by  said  commissioner,  but  such  ex- 
penses shall  not  exceed  in  any  one  year  the  amount  stated  in  this  section. 

17.  That  the  said  commissioner,  and  assistants,  and  clerks,  and  agents,  as  shall  be 
duly  commissioned  so  to  do  by  the  commissioner,  shall  have  full  aud  free  access,  in- 
gress and  egress,  to  all  places  of  business,  factories,  farms,  buildings,  hotels,  restaur- 
ants, boarding  houses,  carriages,  cars,  vessels,  and  cans  used  in  the  manufacture  and 
sale  of  any  dairy  products,  or  any  imitation  thereof  ;  they  shall  also  have  tbe  power 
to  open  any  package,  can,  or  vessel,  containing  such  articles  which  may  be  manufac- 
tured, sold,  or  exposed  for  sale  in  violation  of  the  provisions  of  this  act,  if  they  have 
reason  to  believe  it  is  being  violated,  aud  may  inspect  the  contents  therein,  and  may 
take  therefrom  samples  for  analysis. 

18.  That  this  act  and  each  section  thereof  is  declared  to  be  enacted  to  prevent  de- 
ception in  the  sale  of  oleomargarine,  butterine,  or  any  imitation  of  any  dairy  product, 
and  to  preserve  the  public  health. 

19.  That  an  act  entitled  "An  act  for  the  protection  of  dairymen,  and  to  prevent 
deception  in  sales  of  butter,"  approved  February  twenty-first,  one  thousand  eight 
hundred  and  eighty-four,  and  an  act  entitled  "An  act  to  prohibit  the  manufacture 
aud  sale  of  impure  and  imitation  dairy  products,"  approved  May  fifth,  one  thousand 
eight  hundred  and  eighty-four,  and  all  acts  and  parts  of  acts  iuconsisteut  or  iu  goU' 
flict  with  this  act,  be  and  the  same  are  hereby  repealed, 

20.  That  this  act  shall  take  et3fect  immediately, 
Approved  March  22,  1886-, 

Chap.  CL.   Laws  of  1887. 

A  STJPPLEMEXT  to  an  act  entitled  "'An  act  to  prevent  deception  in  the  sale  of  oleouiarixariue, 
■butterine,  or  any  imitation  of  dairy  products,  and  to  preserve  the  public  health,"  approved  March 
twentj'-second,  one  thousand  eijiht  hundred  and  eif;hty-.six. 

1.  Be  it  enacted  lij  the  senate  and  general  assemhly  of  the  State  of  New  Jersey,  That 
nothing  in  said  act  shall  be  so  construed  as  to  permit  the  sale  or  the  offering  or  ex- 
posing for  sale,  or  the  having  in  possession  for  the  purposes  of  sale  of  any  oleomarga- 
rine or  butterine,  or  any  substance  in  imitation  of  natural  butter,  that  is,  colored, 
stained,  or  mixed  with  annatto  or  any  other  coloring  matter  or  substance. 

2.  That  section  four  of  said  act  be  and  the  same  is  hereby  amended  so  as  to  read 
as  follows  : 

(4.  That  no  person  shall  sell  any  oleomargarine,  butterine,  suine,  or  any  substance 
in  imitation  or  semblance  of  natural  butter  or  cheese,  or  any  substance  that  is  ren- 
dered, made,  manufactured,  or  compounded  out  of  any  animal  or  vegetable  or  min- 
eral fat  or  oil,  not  produced  from  pure  milk  or  the  cream  from  pure  milk,  at  retail  oi 
in  quantities  less  than  the  original  tub,  firkin,  or  other  package,  unless  he  shall  firs*" 
inform  the  purchaser  that  the  substance  is  not  natural  butter  or  cheese,  but  is  imita- 
tion butter  or  cheese,  and  at  the  time  of  sale  aud  with  each  sale  he  shall  give  to  the 
purchaser  a  card  or  notice  printed  on  which  shall  be  the  name  of  the  substance  sold 
and  the  name  and  address  of  the  seller  or  vender,  aud  nothing  else  shall  be  printed 
thereon  unless  it  be  the  weight  of  the  parcel;  and  said  notice  or  card  shall  beat 
least  six  inches  long  and  at  least  four  inches  wide,  and  the  printing  thereon  shall  be 
in  letters  at  least  of  the  size  known  as  two-line  English,  aud  said  notice  or  card 
shall  be  printed  in  black  and  iu  the  Euglish  language,  upon  white  paper,  plainly 
and  legibly,  and  shall  be  either  upon  the  outside  of  the  outer  wrapper  in  which  the 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


115 


substance  is  delivered  to  the  purchaser  or  upou  a  separate  card  or  paper  attached 
thereto  ;  iii  either  case  the  notice  shall  be  so  placed  that  no  part  thereof  shall  be 
concealed  from  view.) 

3.  That  the  State  dairy  commissioner  is  hereby  directed  and  empowered  to  aid  in 
the  enforcement  of  the  provisions  of  an  act  entitled  "An  act  to  prevent  the  adulter- 
ation of  food  or  drags,"  approved  Marcb  twenty-fifth,  oue  thousand  eight  hundred 
and  eighty-one,  and  said  commissioner  and  liis  assistants  and  agents  are  hereby 
clothed  with  the  same  powers  as  are  conferred  on  inspectors  or  officers  by  the  pro- 
visions of  said  act,  and  the  expenses  of  sucb  enforcement  shall  be  paid  out  of  the 
appropriation  made  for  the  purposes  of  tlio  act  to  which  this  is  a  supplement. 

4.  That  the  State  dairy  commissioner  may  appoint  the  chemist  or  chemists,  analyst 
or  analysts  required  by  the  provisions  of  this  act  or  the  act  to  which  this  is  a  sup- 
plement, and  shall  fix  the  compensation  to  be  paid  such  chemists  or  analysts. 

5.  That  the  conviction  in  prosecutions  under  the  act  to  which  this  is  a  supplement 
shall  be  in  the  following  or  similar  form  : 


State  of  New  Jersey, 
County  of  A, 


Be  it  remembered,  That  on  this  day  of  ,  at  in  said  county,  C.  D., 

defendant,  was,  by  the  district  court  of  the  city  of  J  (or  by  the  recorder,  or  as  the 

case  is),  convicted  of  violating  the  section  of  'An  act  to  prevent  deception  in 

the  sale  of  oleomargarine,  butterine,  or  any  imitation  of  dairy  products,  and  to  pre- 
serve the  public  health,"  approved  March  twenty-second,  one  thousand  eight  hun- 
dred and  eighty-six,  in  a  summary  proceeding  at  the  suit  of  A.  B.,  State  dairy  com- 
missioner, who  sues  for  the  use  and  benefit  of  the  State  of  New  Jersey,  plaintiff, 
npon  a  complaint  made  by  E.  F.;  and  further,  that  the  witnesses  in  said  proceeding 
who  testified  for  the  plaintift'  were  (name  them);  and  the  witnesses  who  testified  for 
the  defendant  (name  them);  wherefore  the  said  court  (or  the  recorder,  or  as  the  case 
is)  doth  hereby  give  judgment  that  the  plaintiff  recover  of  the  defendant  one  hun- 
dred dollars  penalty,  and  —  dollars  costs  of  the  proceeding. 

The  said  conviction  shall  be  signed  by  the  judge  of  the  district  court,  recorder,  or 
other  magistrate  before  whom  the  conviction  is  had  ;  in  case  of  the  iuiliction  of  a 
penalty  of  two  hundred  dollars,  the  conviction  shall  contain  a  statement  that  it  ap- 
peared that  the  defendant  had  been  previously  convicted  of  violating  the  said  act; 
when  an  appeal  is  taken  there  shall  be  sent  to  the  appellate  court  a  copy  of  the  com- 
plaint, summons,  conviction,  or  judgment  and  notice  of  appeal;  the  costs  in  prosecu- 
tions under  the  act  to  which  this  is  a  supplement  shall  be  the  same  as  costs  in  the 
district  courts  in  actions  on  contract. 

6.  That  this  act  shall  take  effect  on  May  first,  one  thousand  eight  hundred  and 
eighty-seveu. 

Approved  April  21,  1887. 

MILK. 

Chap.  LXXXII.   Laws  of  1882. 

AN  ACT  to  prevent  the  adulteration  and  to  regulate  the  sale  of  milk. 

1.  Be  it  enacted  hy  the  senate  and  general  assembly  of  the  State  of  Xew  Jersey,  That 
every  person  who  shall  sell,  or  who  shall  offer  or  expose  for  sale,  or  who  shall  trans- 
port or  carry,  or  who  shall'have  in  possession  with  intent  to  seller  offer  for  sale,  any 
milk  from  which  the  cream  or  any  part  thereof  has  been  removed,  shall  distinctly, 
durably,  and  permanently  solder  a  label  or  tag  of  metal  in  a  conspicuous  place  upon 
the  outside  of  every  can,  vessel,  or  package  containing  such  milk,  and  such  metal 
label  or  tag  shall  have  the  words  "skimmed  milk''  stamped,  indented,  or  engraved 
thereon  in  letters  not  less  than  two  inches  in  height,  and  such  milk  shall  only  be 
sold  or  shipped  in  or  retailed  out  of  a  can,  vessel,  or  package  so  marked. 


116 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


2.  That  every  person  who  shall  sell,  or  who  shall  offer  for  sale,  or  who  shall  trans- 
port or  carry  for  the  purposes  of  sale,  or  who  shall  have  in  possession  with  intent  to 
sell  or  offer  for  sale,  any  impure,  adulterated,  or  unwholesome  milk,  and  every  per- 
son who  shall  adulterate  milk,  or  who  shall  keep  cows  for  the  i)roduction  of  milk  in 
a  crowded  or  unhealthy  condition,  or  feed  the  same_^^)n  food  that  produces  impure,  dis- 
eased, or  unwholesome  milk,  or  shall  feed  cows  on  distillery  waste,  usually  called 
swill,  or  upon  any  substance  in  a  state  of  putrefaction  or  rottenness,  or  upon  any 
substance  of  an  unwholesome  nature,  shall  be  liable  to  the  penalties  hereinafter  pro- 
vided for  in  this  act. 

3.  That  the  addition  of  water  or  any  other  substance  or  thing  is  hereby  declared 
an  adulteration,  and  milk  that  is  obtained  from  animals  that  are  fed  on  distillery 
waste,  usually  called  "swill,"  or  upon  any  substance  in  a  state  of  putrefaction  or 
rottenness,  or  upon  any  substance  of  an  unhealthful  nature,  or  milk  that  has  been 
exposed  to  or  contaminated  by  tbe  emanations,  discharges,  or  exhalations  from  per- 
sons sick  with  any  contagious  disease  by  which  the  health  or  life  of  any  person  may 
he  endangered  or  compromised,  is  hereby  declared  to  be  impure  and  unwholesome. 

4.  That  in  all  prosecutions  under  this  act,  if  the  milk  shall  be  shown  upon  analy- 
sis by  a  member  of  the  council  of  public  analysts  of  this  State,  or  the  chemist  of  the 
State  experiment  station,  to  contain  more  than  88  per  cent  of  watery  fluids,  or  to 
contain  less  than  12  per  cent  of  milk  solids,  such  milk  shall  be  deemed  for  the  i)ur- 
poses  of  this  act  to  be  adulterated. 

[Note. — Supplement  of  February  24th,  1887,  permits  the  analysis  to  be  made  by 
any  chemist  appointed  by  the  State  board  of  health.] 

5.  That  every  person  who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
liable  to  a  penalty  of  $50  for  the  first  offense  and  $100  for  a  second  or  subsequent 
offense. 

6.  That  justices  of  the  peace  and  recorders  shall  have  jurisdiction  to  try  and  pun- 
ish all  persons  for  violating  the  provisions  of  this  act,  and  the  penalties  prescribed 
in  section  5  of  this  act,  for  the  violations  of  any  of  the  provisions  of  this  act,  may 
be  enforced  before  any  justice  of  the  peace  or  recorder  in  any  county  where  the 
offense  is  committed  or  where  the  offender  is  first  apprehended. 

7.  That  said  justice  of  the  peace  or  recorder,  upon  receiving  due  proof,  made  before 
him  by  an  affidavit  of  one  or  more  persons  of  the  violation  of  any  of  the  provisions 
of  said  act  by  any  person  or  persons,  is  hereby  authorized  and  required  by  his  war- 
rant, under  his  hand  and  seal,  directed  to  any  constable  or  police  officer  of  his 
county,  to  cause  such  j>erson  or  persons  to  be  arrested  and  brought  before  said  jus- 
tice or  recorder,  who  shall  hear  and  determine  the  guilt  or  innocence  of  the  person 
or  persons  so  charged,  and  ujiou  conviction  of  said  person  or  persons,  the  said  justice 
or  recorder  is  hereby  authorized  and  required  to  impose  upon  the  oft'ender  so  con- 
victed before  him  the  penalties  prescribed  for  such  offenses  ;  and  if  any  person  so 
convicted  shall  fail  to  pay  the  penalties  so  imposed,  together  with  the  costs  of  the 
prosecution,  the  said  justice  or  recorder  is  hereby  authorized  and  required  to  commit 
such  offender  to  the  common  jail  of  said  county  for  a  period  of  not  less  than  ten  or 
more  than  sixty  days:  Provided,  hoivever,  That  an  analysis  of  condemned  milk  shall 
be  made  by  a  member  of  the  council  of  public  analysts  of  this  State,  or  the  chemist 
of  the  State  experimental  station. 

[Note. — Supplements  provide  for  a  jury  trial  when  demanded  and  for  an  analysis 
by  chemists  appointed  by  the  State  board  of  health. 

Sec.  8  provides  that  a  certificate  of  analysis  shall  be  received  as  prima  facia  evi- 
dence, but  as  this  is  not  legal  no  such  course  should  be  taken.] 

9.  That  the  State  board  of  health  is  hereby  empowered  and  directed  to  appoint 
each  year  a  competent  person,  who  shall  act  as  a  State  inspector  of  milk,  at  a  salary 
of  1800  per  annum,  payable  by  the  treasurer  of  this  State,  by  warrant  of  the  comp- 
troller, in  quarterly  payments,  for  the  j)urposes  of  this  act,  and  in  addition  thereto 
said  inspector  shall  be  paid  his  actual  travelling  expenses  while  in  the  performance 


LAWS  RELATING  TO  FOODS  ATs^D  BEVERAGES. 


117 


of  his  duties,  and  actual  expenses  of  suits  and  costs  of  analysis  brought  by  him 
under  this  act,  payable  by  the  treasurer  of  this  State  by  warrant  of  the  comptroller  ; 
said  inspector  shall  act  until  removed  by  said  board,  or  until  his  successor  is  appointed, 
and  shall  make  such  reports  to  said  board  at  such  time  as  it  may  direct;  vsaid  in- 
spector, having  reason  to  believe  the  provisions  of  this  act  are  being  violated,  shall 
bave  power  to  open  any  can,  vessel,  or  package  containing  milk,  whether  sealed, 
locked,  or  otherwise,  or  whether  in  transit  or  otherwise  ;  and  if  upon  inspection  he 
shall  li]ul  such  can,  vessel,  or  package  to  contain  any  milk  which  has  been  adulterated, 
or  from  which  the  cream,  or  any  part  thereof,  has  been  removed,  or  which  is  sold, 
offered,  or  exposed  for  sale,  or  held  in  possession  with  intent  to  sell  or  offer  for  sale,  in 
violation  of  any  section  of  this  act,  said  inspector  is  empowered  and  directed  to  take 
a  sample  of  the  same  for  analysis  and  put  into  a  can,  vessel,  or  package,  to  be  sealed 
in  the  presence  of  one  or  more  witnesses,  and  sent  to  any  member  of  the  council  of 
public  analysis  or  the  chemist  of  the  State'  experiment  station,  and  also  to  condemn 
the  same  and  pour  the  contents  of  such  can,  vessel,  or  package  upon  the  ground  or 
return  the  same  to  the  consignor,  and  if  upon  analysis  such  milk  shall  prove  to  be 
adulterated,  shall  bring  suit  against  the  person  or  party  so  violating  the  law:  Pro- 
vided, however,  That  if  upon  analysis  it  is  proved  that  the  condemned  milk  is  una- 
dulterated, the  State  shall  be  liable  for  the  value  of  the  article  destroyed,  which  shall 
be  paid  by  tl  e  treasurer  of  this  State  by  warrant  of  the  comptroller;  and  said  in- 
spector is  empowered  to  employ  one  or  more  assistants,  who  shall  have  power  to  in- 
spect milk  as  provided  by  this  act,  said  assistants  to  be  paid  not  more  than  five  dol- 
lars per  day  for  each  and  every  day  of  actual  service  in  performance  of  their  duties, 
as  provided  [by  this  act,  payable  by  the  treasurer  of  this  State,  by  warrant  of  the 
comptroller. 

[Note. — A  supplement  provides  that  the  analysis  may  be  made  by  any  chemist  ap- 
pointed by  the  State  board  of  health.] 

10.  That  all  penalties  imposed  shall  be  paid  into  the  treasury  of  this  State,  except 
in  case  the  local  board  of  health  of  any  city,  borough,  town,  or  township  shall  prose- 
cute the  offender,  in  which  case  the  penalties  shall  be  paid  into  the  treasury  of  the 
city,  borough,  town,  or  township  so  prosecuting :  Provided,  That  in  prosecutions  by 
the  executive  office  of  any  local  board  of  health  no  expense  shall  be  incurred  to 
the  State. 

[Note. — Sec.  11  repeals  all  former  laws.] 
Approved  March  14,  1882. 

Chap.  XC.   Laws  op  1884. 

A  SUPPLEMEiSTT  to  an  act  entitled  "Au  act  to  prevent  the  adulteration  and  to  regulate  the  sale  of 
milk,"  approved  March  fourteenth,  one  thousand  eight  hundred  and  eighty- two. 

1.  Beit  enacted  hy  ihe  senate  and  general  assemlly  of  the  Slate  of  New  Jersey,  That  any 
time  previous  to  the  hearing  of  a  complaint  against  any  person  under  the  provisions 
of  the  aforesaid  act,  either  party  may  appear  before  the  justice  or  recorder  and  de- 
mand a  trial  by  jury;  whereupon  the  said  justice  or  recorder  shall  issue  a  venire 
facias  to  summon  a  jury  of  twelve  mea  qualified  by  law  to  act  as  jurors,  to  try  said 
complaint. 

2.  That  in  case  the  said  jurj^  find  such  person  or  persons  guilty,  then  the  said  jus- 
tice or  recorder  shall  proceed  as  though  he  had  determined  such  complaint  without  a 
jury ;  and  in  case  such  jury  shall  find  such  person  or  persons  not  guilty,  the  said  jus- 
tice or  recorder  shall  enter  judgment  in  his,  her,  or  their  favor  accordingly,  with 
costs. 

3.  That  either  party  upon  paying  all  costs  incurred  and  by  filing  with  said  justice 
or  recorder  within  ten  days  after  the  trial  before  him  a  written  notice  of  his  or  her 
intentions  to  appeal  from  the  decision  of  said  justice,  or  recorder,  or  jury,  may  ap- 
peal to  the  next  court  of  general  quarter  sessions  of  the  peace  of  the  county  in  which 
such  complaint  was  made  and  determined. 


118 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


4.  That  eitlier  party  on  appeal  may  deaiaud  a  trial  by  jury,  and  said  court  of  gen- 
eral quarter  sessions  shall  proceed  and  try  the  same  and  make  such  adjudications  as 
are  herein  provided  in  case  of  such  trial  before  said  justice  or  recorder. 

[Note. — Sec  5  repeals  conflicting  sections  in  previous  laws.] 

Chap.  CLXXXVI.   Laws  of  1886. 

A  SUPPLEMENT  to  an  act  entitled  "An  act  to  prevent  the  adulteration  and  to  regulate  the  sale  of 
milk,"  approved  March  fourteeutl),  one  thousand  eight  hundred  and  eighty  two. 

[Note. — By  this  act  the  State  dairy  commissioner  is  invested  with  the  powers  and 
duties  of  the  milk  inspector.  ] 

Chap.  II.   Laws  v)f  1887. 

A  SIJPPLEMEN"T  to  an  act  eutitled  "An  act  to  prevent  the  adulteratiou  and  regulate  the  sale  of 
milk,"  approved  Marcli  fourteenth,  one  thousand  eight  hundred  and  eightj^-two. 

1.  Be  ii  enacted  bjj  the  senate  and  general  assembly  of  the  State  of  New  Jersey,  That  the 
analysis  of  milk  required  by  the  provisions  of  sections  four,  seven,  eight,  and  nine  of 
the  act  to  which  this  is  a  supplement  may  be  made  by  any  chemist  or  chemists  ax^- 
pointed  or  designated  by  the  State  board  of  health,  the  provisions  of  said  act  to  the 
contrary  uotwiihstanding. 

Approved,  February  24tb,  1887. 

Chap.  CLXXXV.   Laws  of  1885. 
AN  ACT  to  prohibit  the  sale  of  adulterated  and  skimmed  milk  in  the  cities  ia  this  Staie. 

1.  Be  it  enacted  by  the  senate  and  general  assembly  of  the  State  of  New  Jersey,  That 
no  milk  which  has  been  watered,  adulterated,  or  changed  in  any  respect  by  the  ad- 
dition of  water,  or  other  substance,  or  by  the  removal  of  cream,  or  any  part  thereof, 
shall  be  kept  or  offered  for  sale  in  any  city  of  the  first  class  in  this  State. 

[Note. — Sec.  2  provides  that  persons  violating  this  law  are  liable  to  the  same  pen- 
alties as  provided  in  the  laws  given  above.] 

food  and  drugs. 

AN  ACT  to  prevent  the  adulteration  of  food  or  drugs.    Approved  March  25th,  1881. 
[Note. — Sec.  1  amended  by  supplement,  which  is  given  below.] 

2.  That  the  term  ''food,"  as  used  in  this  act,  shall  include  every  article  used  for 
food  or  drink  by  man,  and  that  the  term  *'drug,"  as  used  in  this  act,  shall  include 
all  medicines  for  internal  or  external  use. 

3.  That  any  article  shall  be  deemed  to  be  adulterated,  within  the  meaning  of  this 
act : 

(a) — In  the  case  of  drugs. 

First.  If  when  sold  under  or  by  a  name  recognized  in  the  United  States  pharma- 
copteia,  it  differs  from  the  standard  of  strength,  quality,  or  purity  laid  down  therein  ; 

Second.  If  when  sold  under  or  by  a  name  not  recognized  in  the  United  States  phar- 
macopojia,  out  which  is  found  in  some  other  pharmacop<T.ia,  or  other  standard  work 
on  materia  medica  it  differs  materially  from  the  standard  of  strength,  quality,  or  purity 
laid  down  in  such  work  ; 

Third.  If  its  strength  or  purity  fall  below  the  professed  standard  under  which  it 
is  sold ; 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES.  119 


(b) — In  the  case  of  food  or  drinl". 

First.  If  any  snbstauce  or  substances  has  or  bave  been  mixed  witb  it,  so  as  to  reduce 
or  lower,  or  injuriously  affect,  its  quality  or  strength  ; 

Second.  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted 
wholly  or  in  part  for  the  article  ; 

Third.  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part  ab- 
stracted ; 

Fourth.  If  it  be  an  imitation  of  or  be  sold  uider  the  name  of  another  article  ; 

Fifth.  If  it  consist  wholly  or  in  part  of  a  diseased  or  decomposed  or  putiid  or  rotten 
animal  or  vegetable  substance,  whether  manufactured  or  not ;  or,  in  case  of  milk,  if  it 
is  the  produce  of  a  diseased  animal ; 

Sixth.  If  it  be  colored  or  coated,  or  polished,  or  xjowdered,  whereby  damage  is 
concealded,  or  it  is  made  to  appear  better  than  it  really  is,  or  of  greater  value  ; 

Seventh.  If  it  contain  any  added  poisonous  ingredient  or  any  ingredient  which 
may  render  such  article  injurious  to  the  health  of  a  person  consuming  it :  Provided, 
That  the  State  board  of  health  may,  with  the  approval  of  the  governor,  from  time  to 
time  declare  certain  articles  or  preparations  to  he  exempt  from  the  provisions  of  this 
act :  And  j^rovided  further ,  That  the  provisions  of  this  act  shall  not  apply  to  mixtures 
or  compounds  recognized  as  ordinary  articles  of  food  :  Provided,  That  the  same  are  not 
injurious  to  health  and  that  the  articles  are  distinctly  labeled  as  a  mixture. 

4.  That  the  State  board  of  health  shall,  from  time  to  time,  fix  the  limits  of  varia- 
bility permissible  in  any  article  of  food,  or  drug,  or  compound  the  standard  of  which 
is  not  established  by  any  national  pharmacopoeia. 

[Note— Sec.  5  amended  by  supplement.] 

6.  That  every  person  selling,  or  offering  or  exposing  any  article  of  food  or  drugs  for 
sale,  or  delivering  any  article  to  purchasers,  shall  he  bound  to  serve  or  supply  any 
inspector  appointed  under  this  act,  who  shall  appl^'  to  him  for  that  purpose,  and  on 
his  tendering  the  value  of  the  same  for  a  sample  sufficient  for  the  purpose  of  analysis 
of  any  article  which  is  included  in  this  act  and  which  is  in  the  possession  of  the  person 
selling,  under  a  penalty  not  exceeding  fifty  dollars  for  a  first  offence,  and  one  hundred 
for  a  subsequent  offence. 

[Note. — Sec.  7  amended  by  supplement.] 

8.  That  an}' acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

A  SUPPLE M:E NT  to  an  act  entitled  "Au  act  to  prevent  the  adulteration  of  food  or  drugs,  "approved 
March  twenty -fifth,  one  thousand  eight  hundred  and  eighty-one. 

1.  Be  it  enacted  oy  the  senate  and  general  assemhly  of  the  State  of  Xeiv  Jersey,  That 
section  one  of  the  act  to  which  this  is  a  supplement  bo  amended  so  as  to  read  as  fol- 
lows : 

1.  That  no  person  shall  manufacture,  have,  offer  for  sale,  or  sell  any  article  of 
food  or  drugs  which  is  adulterated  within  the  meaning  of  this  act,  and  any  person 
violating  any  of  the  provisions  of  this  act  shall  be  liable  to  a  penalty  of  fifty  dollars 
for  the  first  offence  and  one  hundred  dollars  for  a  second  or  any  subsequent  offence. 

2.  That  section  5  of  the  act  to  which  this  is  a  supplement  be  amended  so  as  to  read 
as  follows : 

5.  That  the  State  board  shall  take  cognizance  of  the  interest  of  the  public  health 
as  it  relates  to  the  sale  of  foods  and  drugs,  and  the  adulteration  of  the  same,  and  make 
all  necessary  inquiries  and  investigations  relating  thereto;  it  shall  also  have  the 
appointment  and  supervision  of  public  analysts  and  chemists  or  inspectors  to  serve 
for  general  service,  or  for  such  special  service  or  length  of  time  as  it  may  deem  neces- 
sary ;  and  the  board  of  health  shall  from  time  to  time  meet  and  adopt  such  measures 
as  it  may  deem  necessary  for  the  enforcement  of  this  act  and  of  the  act  to  which  it  is 


120 


LAWS  RELATmG  TO  FOODS  AIsD  BEVERAGES. 


a  siipplemeut,  aud  prepare  rules  and  regulations  with  regard  to  the  proper  method 
of  collecting  and  examining  articles  of  food  or  drugs;  and  the  analysts,  chemists,  or 
inspectors  appointed  may  act  singly  or  as  associated  in  a  council  for  such  time  as  may 
be  approved  or  authorized  by  said  board, 

3.  That  section  seven  of  the  act  to  which  this  is  a  supplement  be  amended  so  as  to 
read  as  follows : 

7.  That  any  person  violating  any  of  the  provisions  of  this  act,  and  any  person 
who  shall  hinder,  impede,  obstruct,  or  otherwise  x>revent  any  analyst,  inspector,  or 
prosecuting  ofiicer  in  the  performance  of  his  duty  shall  be  liable  to  a  penalty  of  fifty 
dollars  for  the  first  offence  and  one  hundred  dollars  for  a  second  or  subsequent  offence. 

4.  That  every  district  court  in  any  city,  and  every  justice  of  the  peace  in  any 
county,  and  any  police  justice  or  recorder  in  any  city  is  hereby  empowered,  on  oath 
or  affirmation  made  according  to  law,  that  any  person  or  persons  has  or  have  violated 
any  provision  of  the  act  to  which  this  is  a  supplement  to  issue  process  at  the  suit  of 
any  person,  either  in  the  manner  of  a  summons  or  warrant,  against  the  person  or 
persons  so  charged,  which  process  shall,  when  in  the  nature  of  a  warrant,  be  return- 
able forthwith,  and  wlieu  in  the  nature  of  a  summons  shall  be  returnable  in  not  less 
than  one  nor  more  than  ten  entire  days ;  such  process  shall  state  what  provision  of 
the  law  is  alleged  to  have  been  violated  by  the  defendant  or  defendants,  and  on  the 
return  of  such  process  at  any  time  to  wliich  the  trial  shall  have  been  adjourned  the 
said  court,  justice  of  the  peace,  police  j ustice,  or  recorder  shall  proceed  to  hear  testi- 
mony aud  to  determine  aud  give  judgment  in  the  matter  without  the  filing  of  any 
pleadings;  aud  the  said  court,  justice  of  the  peace,  police  justice,  or  recorder  shall, 
if  judgment  be  rendered  for  the  [daintiff\  forthwith  issue  execution  against  the  goods 
and  chattels  and  persou  of  the  defendant  or  defendants  ;  and  the  said  court,  justice 
of  the  peace,  police  justice,  or  recorder  is  further  empowered  to  cause  any  such  de- 
fendant who  may  refuse  or  neglect  to  pay  the  amount  of  the  judgment  rendered 
against  him  aud  all  the  costs  aud  charges  incident  thereto,  unless  an  appeal  is  granted, 
to  be  committed  to  the  county  jail  for  any  period  not  exceeding  ninety  days ;  but  no 
district  court  of  any  city,  justice  of  the  peace,  police  justice,  or  recorder  shall  have 
jurisdiction  of  any  offence  against  the  act  to  which  this  is  a  supplement  which  offence 
shall  take  place  outside  of  the  territorial  jurisdiction  of  such  district  court,  justice 
of  the  peace,  police  justice,  or  recorder,  as  such  territorial  jurisdiction  is  now  estab- 
lished by  law. 

5.  That  the  officers  to  serve  and  execute  all  process  under  this  act  shall  be  the  offi- 
cers authorized  to  serve  aud  execute  process  in  said  courts  and  before  such  magis- 
trates aud  officers  as  aforesaid,  including  the  constables  of  such  counties  and  all 
police  officers  of  such  cities. 

6.  That  all  penalties  imposed  under  the  act  to  which  this  is  a  supplement  shall  be 
disposed  of  as  follows  :  In  case  the  suit  is  brought  by  any  officer  appointed  by  the 
State  board  of  health,  the  penalty  shall  be  paid  into  the  treasury  of  this  State ;  in 
case  the  suit  is  brought  by  au  officer  of  any  local  board  of  health  or  of  any  city, 
borough,  town, or  township,  the  penalty  shall  be  paid  into  the  treasury  of  said  local 
board  of  health,  city,  borough,  town,  or  township  ;  incase  of  any  suit  not  otherwise 
provided  for,  the  penalty  -shall  be  paid  to  the  person  bringing  the  suit. 

7.  That  the  State  board  of  health  shall  be  authorized  to  expend  annually,  in  addi- 
tion to  all  sums  already  appropriated  for  such  board,  an  amount  not  exceeding  one 
thousand  dollars  for  the  purpose  of  including  in  its  work  the  carrying  out  of  the 
provision  of  this  act  aud  for  the  protection  of  the  public  health. 

8.  That  any  analyst  or  inspector  appointed  by  tlie  State  board  of  health,  and  any 
inspector  or  other  officer  of  any  local  board  of  health,  shall  have  power  to  inspect 
any  article  of  food  or  drugs,  wherever  exposed  for  sale,  or  offered,  or  held  for  sale,  or 
whether  in  transit  or  otherwise  ;  and  if,  upon  inspection  of  such  food  or  drugs  the 
same  shall  be  found  adulterated  within  the  meaning  of  this  act  or  the  act  to  which 
this  act  is  a  supplement,  the  said  inspector,  or  other  officers  aforesaid,  shall  have 
power  aud  may  prohibit  the  sale  or  disposal  of  said  articles  until  decision  shall  be 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


121 


rendered  by  tlic  court,  justice  of  the  pe^ice,  recorder,  or  police  justice  before  whom 
the  defendant  may  be  brought. 

9.  That  this  act  shall  not  be  so  construed  as  to  interfere  with  the  special  pro- 
visions of  an  act,  approved  March  fourth,  eighteen  hundred  and  eighty-two,  entitled 
*'An  act  to  prevent  the  adulteration  and  to  regulate  the  sale  of  milk." 

10.  That  this  act  shall  take  effect  immediately.    Approved  March  23,  1883. 

Chapter  CXXVI.   Laws  of  1887. 

A  SUPPLEMENT  to  an  act  entitled  "An  act  t;)  prevent  the  adulteration  of  food  or  drugs," 
approved  March  twent\--fifth,  one  thousand  eight  hundred  and  eighty-one. 

1.  Be  it  enacied,  h}j  fhc  senate  and  general  assembly  of  the  Siale  of  New  Jersey,  That 
the  State  dairy  commissioner  is  hereby  directed  and  empowered  to  aid  in  the  enforce- 
ment of  the  provisions  of  the  act  to  which  this  is  a  supplement,  and  said  commis- 
sioner and  his  assistants  duly  commissioned  shall  be,  and  are  hereby,  made  inspectors 
under  the  act  to  which  this  act  is  a  supplement.  The  expense  of  enforcing  said  act 
shall  be  paid  out  of  the  appropriation  already  made  for  the  use  of  said  dairy  com- 
missioner for  the  enforcement  of  the  act  of  March  twenty-second,  one  thousand 
eight  hundred  and  eighty-six,  entitled  "An  act  to  prevent  deception  in  the  sale  of 
oleomargerine,  butteriue,  or  any  imitation  of  dairy  products,  and  to  preserve  the 
public  health." 

2.  That  this  act  take  effect  immediately. 
Approved  April  11th,  1887. 

Chapter  XXXVL 

A  SUPPLEMEXT  to  an  act  entitled  "An  act  to  prevent  the  adnlterationof  food  or  drugs,"  approved 
March  twenty-fifth,  one  thousand  eight  hundred  and  eighty-one,  and  the  several  supplements  thereto. 

1.  Be  it  enacted  hy  the  senate  and  general  assembly  of  the  State  of  Xcw  Jersey,  That  any 
person  accused  before  any  court  for  selling  or  offering  for  sale  any  article  adulterated 
within  the  meaning  of  the  act  to  which  this  is  a  supplement,  and  the  supplements 
thereto,  who  shall  prove  that  he  procured  such  article  under  a  warranty  from  any 
person  or  persons  that  reside  within  the  State,  in  the  form  hereinafter  set  forth,  that 
said  article  Avas  pure  a,nd  unadulterated  within  the  meaning  of  said  acts,  said  person 
shall  be  discharged  from  prosecution  :  Frorided,  That  such  proof  in  defense  shall 
be  filed  in  court  prior  to  the  trial  of  such  case,  and  a  copy  thereof  left  with  the  at- 
torney for  the  jirosecutor  of  the  case. 

2.  That  no  warranty  shall  be  considered  as  within  the  meaning  of  this  act  unless 
in  the  form  hereinafter  given,  and  unless  the  article  or  articles  warranted  shall  be 
specifically  named  and  described  in  the  body  of  said  warranty ;  and  no  w  irranty 
shall  be  a  defense  if  the  person  offering  it  shall  have  been  notified,  prior  to  the  sale 
complained  of,  that  the  articles  meatioued  in  said  warranty  are  adulterated  within 
the  meaning  of  said  acts. 

3.  That  any  person  uttering  or  giving  a  false  warranty,  or  swearing  falsely  in  rela- 
tion thereto,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars,  or  imprisonment  at  hard, 
labor  for  not  more  than  one  year,  at  the  discretion  of  the  court. 

4.  That  the  warranty  herein  provided  for  shall  be  in  the  form  following,  to  wit : 

Warranty. 

It  is  hereby  warranted  that  the  following  described  article  or  articles  are 

pure  and  unadulterated  within  the  meaning  of  the  acts  of  the  legislature  of  the 

State  of  New  Jersey  regulating  the  sale  of  food  and  drugs.    (Signature.)   . 

Dated  at  this  day  of  ,  anno  Domini  . 

5.  That  this  act  shall  take  effect  immediately. 
Approved  March  5th,  1891. 


122 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


Followiug  are  the  rules  of  the  New  Jersey  board  of  health  for  its  ia 
spectors  aud  analysts  : 

DUTIES  OF  INSPECTORS. 

1.  The  inspector  is  to  buy  samples  of  food  or  drugs,  and  to  seal  each  sample  iu  the 
presence  of  a  Avituess. 

2.  The  inspector  must  affix  to  each  sample  a  label  bearing  a  number,  his  initials, 
and  the  date  of  purchase. 

3.  Under  no  circumstance  is  the  inspector  to  inform  the  analyst  as  to  the  source  of 
the  sample  before  the  analysis  shall  have  been  completed  and  formally  reported  to 
the  president  or  secretary  of  the  State  board  of  health. 

4.  Inspectors  are  to  keep  a  record  of  each  sample  as  follows  : 

(1)  Number  of  sample. 

(2)  Date  and  time  of  purchase. 

(3)  Name  of  witness  to  sealing. 

(4)  Name  and  address  of  seller, 

(5)  Name  and  address  of  producer,  manufacturer,  or  wholesaler,  when  known, 

with  marks  on  original  package. 

(6)  Name  of  analyst  and  date  of  sending. 

(7)  How  sent  to  analyst. 

5.  If  the  seller  desires  a  portion  of  the  sample,  the  inspector  is  to  deliver  it  under 
seal.  The  duplicate  sample  left  with  seller  should  have  a  label  containing  the  same 
marks  as  are  affixed  to  the  portion  taken  by  the  inspector. 

6.  The  inspector  is  to  deliver  the  sample  to  the  analyst,  taking  his  receipt  for  the 
same,  or  he  may  send  it  by  registered  mail,  express,  or  special  messenger. 

DUTIES  OF  THE  ANALYSTS. 

1.  The  analyst  is  to  analyze  the  samples  immediately  upon  receipt  thereof. 

2.  Samples,  with  the  exception  of  milk  aud  similar  perishable  articles,  are  to  be 
divided  by  the  analyst  and  a  portion  sealed  up,  aud  a  copy  of  the  original  label  affixed. 
These  duplicates  are  to  be  sent  to  the  secretary  of  the  State  board  of  health  at  the 
end  of  each  month,  and  to  be  retained  by  him  until  demanded*  for  another  analysis, 
as  provided  for  in  section  3  of  these  rules. 

3.  Should  the  result  obtained  by  any  analyst  be  disputed  iu  any  case,  an  appeal  may 
be  made  to  the  State  board  of  health,  through  its  secretary,  by  the  defendant  or  per- 
son selling  the  sample,  or  his  attorney,  and  said  secretary  shall  then  require  another 
member  of  the  committee  of  public  analysts  to  repeat  the  analysis,  using  the  dupli- 
cate sample  for  such  purpose.  But  when  an  appeal  shall  be  made  a  sum  of  money 
sufficient  to  cover  the  expenses  of  the  second  anal3^sis  shall  be  deposited  with  the 
president  of  the  State  board  of  health,  which  sum  shall  be  paid  over  to  the  analyst 
designated  by  the  president  and  secretary  of  the  board  to  perform  the  second  analy- 
sis, in  case  the  analysis  shall  be  found  to  agree  with  the  first  iu  all  essential  particu- 
lars. 

4.  In  the  case  of  all  articles  having  a  standard  of  purity  fixed  by  any  of  the  laws 
of  the  State,  the  certificate  of  the  analyst  should  show  the  relation  of  the  article  iu 
question  to  that  standard. 

5.  Where  standards  of  strength,  purity,  or  quality  are  not  fixed  by  law,  the  com- 
mittee of  analysts  shall  present  to  the  State  board  of  health  such  standard  as  in  their 
judgment  should  be  fixed. 

6.  Each  analyst  should  keep  a  record  book,  in  which  should  be  entered  notes  as 
follows: 

(1)  From  whom  the  sample  is  received. 

(2)  Date,  time,  and  manner  iu  which  the  sample  was  received. 

(3)  Marks  on  package,  sealed  or  not. 

(4)  Results  of  analysis  iu  detail. 


Laws  eelatinu  to  foods  and  beverages. 


123 


This  record  shoaM  be  produced  at  each  meetiug  of  the  committee. 

7.  At  the  completioQ  of  the  analysis  a  certihcateiu  tlie  form  given  below  should  be 
forwarded  to  the  person  from  whom  the  sample  was  received,  and  a  duplicate  copy 
sent  to  the  State  board  of  health. 

CERTIFICATE. 

To  whom  it  may  coyicern  : 

J,  ,  a  member  of  the  committee  of  public  analysts  appointed  by  the  State 

board  of  health  of  New  Jersey  under  x^rovisions  of  an  act  entitled  "An  act  to  prevent 
the  adulteration  of  food  and  drugs,"  approved  March  25,  1881,  do  hereby  certify  that 

I  received  from  ,  on  the  day  of  ,  188-,  a  sample  of  ,  sealed 

as  required  by  the  rules  of  said  board,  and  bearing  the  following  words,  to  wit : — ■  

I  carefully  mixed  said  samples  and  have  analyzed  the  same,  and  hereby  certify  and 

declare  the  results  of  my  analyses  to  be  as  follows  :t  . 

[Siguature.]  . 

EXCEPTIONS. 

The  following  exceptions  are  adopted  : 

Musiard. — Compounds  of  mustard  with  rice  flour,  starch,  or  flour  may  be  sold  if 
each  package  is  marked  Compound  Mustard,"  and  if  not  more  than  25  per  cent,  of 
such  substance  is  added  to  the  mustard. 

Coffee. — Compounds  of  coffee  with  chicory,  rye,  wheat,  or  other  cereals  may  be 
sold  if  the  package  is  marked  "A  Mixture,"  and  if  the  label  states  the  per  cent,  of 
coffee  contained  in  said  mixture. 

Oleomargarine  and  other  imitation  dairy  products  may  be  sold  if  each  package  is 
marked  wath  the  name  of  the  substance,  and  in  all  respects  fulfils  the  terms  of  the 
special  law  as  to  these. 

Sirnjys. — When  mixed  with  glucose,  sirup  may  be  sold  if  the  package  is  marked 
"A  Mixture." 

NEW  YORK. 

The  New  York  State  general  law  of  1881  for  the  prevention  of  the 
adnlteratioii  of  food  and  drags  is  as  follows  : 

Secton  1.  No  person  shall,  within  this  State,  manufacture,  have,  offer  for  sale,  or 
sell  any  article  of  food  or  drugs  which  is  adulterated  within  the  meaning  of  this  act, 
and  any  person  violating  this  provision  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  fine  not  exceeding  fifty  dollars  for  the 
first  offense  and  not  exceeding  one  hundrod  dollars  for  each  subsequent  offense. 

2.  The  term  "  food,"  as  used  in  this  act,  shall  include  every  article  used  for  food  or 
drink  by  man.  The  term  ''drug,"  as  used  in  this  act,  shall  include  all  medicines  for 
internal  and  external  use. 

3.  An  article  shall  be  deemed  to  be  adulterated  within  the  meaning  of  this  act: 
(a)  In  the  case  of  drugs. 

(1)  If,  when  sold  under  or  by  a  name  recognized  in  the  United  States  Phar- 

macopoeia, it  differs  from  the  standard  of  strength,  quality,  or  purity  laid 
down  therein. 

(2)  If,  when  sold  under  or  by  a  name  not  recognized  in  the  United  States 

Pharmacopoeia,  but  which  is  found  in  some  other  pharmacopoeia  or 
other  standard  work  on  materia  medica,  it  differs  materially  from  the 
standard  of  strength,  quality,  or  purity  laid  down  in  such  work. 

(3)  If  its  strength  or  purity  fall  below  the  professed  standard  under  which 

it  is  sold. 


124 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


(&)  In  the  case  of  food  or  drink. 

(1)  If  any  substance  or  sabsfcances  has  or  have  been  mixed  with  it  so  as  to  re- 

duce or  lower  or  injuriously  affect  its  quality  or  strength. 

(2)  If  any  inferior  or  cheaper  substance  or  substances  hav^e  been  substituted 

whollj'  or  in  part  for  the  article. 

(3)  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part  ab- 

stracted. 

(4)  If  it  be  an  imitation  of,  or  be  sold  under  the  name  of,  another  article. 

(5)  If  it  consists  wholly  or  in  part  of  a  diseased  or  decomposed,  or  putrid  or 

rotten,  animal  or  vegetable  substance,  whether  manufactured  or  not, 
or,  in  the  case  of  milk,  if  it  is  the  produce  of  a  diseased  animal. 

(6)  If  it  be  colored,  or  coated,  or  polished,  or  powdered,  whereby  damage  is 

concealed,  or  it  is  made  to  appear  better  than  it  really  is,  or  of  greater 
value. 

(7)  If  it  contain  any  added  poisonous  ingredient,  or  any  ingredient  which 

may  render  such  article  injurious  to  the  health  of  the  person  consum- 
ing it :  Provided,  Thai  the  State  board  of  health  may,  with  the  approval 
of  the  governor,  from  time  to  time  declare  certain  articles  or  prepara- 
tions to  be  exempt  from  the  provisions  of  this  act :  And  provided  further , 
That  the  provisions  of  this  act  shall  not  apply  to  mixtures  or  com- 
pounds recognized  as  ordinary  articles  of  food,  provided  tliat  the  same 
arc  not  injurious  to  health  and  that  the  articles  are  distinctly  labeled 
as  a  mixture,  stating  the  components  of  the  mixture. 

4.  It  shall  be  the  duty  of  the  State  board  of  health  to  prepare  and  publish  from 
time  to  time  lists  of  the  articles,  mixtures,  or  compounds  declared  to  be  exempt  from 
the  provisions  of  this  act  in  accordance  with  the  preceding  section.  The  State  board 
of  health  shall  also  from  time  to  time  lix  the  limits  of  variability  permissible  in  any 
article  of  food  or  drug  or  compound,  the  standard  of  which  is  not  established  by  any 
national  pharmacopteia. 

5.  The  State  board  of  health  shall  take  cognizance  of  the  interests  of  the  public 
health  as  it  relates  to  the  sale  of  food  and  drugs  and  the  adulteration  of  the  same, 
and  niake  all  necessary  investigations  and  inquiries  relating  thereto.  Ic  shall  also 
have  the  supervision  of  the  appointment  of  public  analysts  and  chemists,  and  upon 
its  recommendation  whenever  it  shall  deem  any  such  officers  incompetent  the  ap- 
pointment of  any  and  every  such  officer  shall  be  revoked  and  bo  held  to  be  void  and 
of  no  effect.  Within  thirty  days  after  the  passage  of  this  act  the  State  board  of 
health  shall  meet  and  adopt  such  measures  as  may  seem  necessar^'^  to  facilitate  the 
enforcement  of  this  act,  and  prepare  rules  and  regulations  with  regard  to  the  proper 
methods  of  collecting  and  examining  articles  of  food  or  drugs,  and  for  the  appoint- 
ment of  the  necessary  inspectors  and  analysts;  and  the  State  board  of  health  shall 
be  authorized  to  expend,  in  addition  to  all  sums  already  appropriated  for  said  board, 
an  amount  not  exceeding  ten  thousand  dollars  for  the  purpose  of  carrying  out  the 
provisions  of  this  act.  And  the  sum  of  ten  thousand  dollars  is  hereby  appropriated, 
out  of  any  moneys  in  the  treasury  not  otherwise  appropriated,  for  the  purposes  in 
this  section  provided. 

6.  Every  person  selling  or  offering  or  exposing  any  article  of  food  or  drugs  for  sale, 
ordelivering  any  article  to  purchasers,  shall  be  bound  to  serve  or  supply  any  public 
analyst  or  other  agent  of  the  State  or  local  board  of  health  appointed  under  this  act, 
who  shall  appl^^  to  him  for  that  purpose,  and  on  his  tendering  the  value  of  the  same, 
with  a  sample  sufficient  for  the  purpose  of  analysis  of  any  article  which  is  included 
in  this  act,  and  which  is  in  the  possession  of  the  person  selling,  under  a  penalty  not 
exceeding  $50  for  a  first  offense  and  $100  for  a  second  and  subsequent  offense. 

7.  Any  violation  of  the  provisions  of  this  act  shall  be  treated  and  punished  as  a 
misdemeanor;  and  whoever  shall  impede,  obstruct,  hinder,  or  otherwise  prevent  any 
analyst,  inspector,  or  prosecuting  officer  in  the  performance  of  his  duty  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  liable  to  indictment  and  punishment  therefor. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


125 


8.  Any  acts  or  parts  of  acts  inconsisteat  with  the  provisions  of  this  act  are  hereby 
repealed. 

9.  All  the  regulations  and  declarations  of  the  State  hoard  of  health  made  under 
this  act  from  time  to  time,  and  promulgated,  shall  be  printed  in  the  statutes  at  large. 

10.  This  act  shall  take  effect  at  the  expiration  of  ninety  days  after  it  shall  become 
a  law. 

Amendment  of  J])ril  29,  1885. 

Section  1.  The  title  of  chapter  407  of  the  laws  of  1881,  entitled  ^'An  act  to  prevent 
the  adulteration  of  food  and  drugs,''  is  hereby  amended  to  read  as  follows  :  ''An  act 
to  prevent  the  adulteration  of  food,  drugs,  and  spirituous,  fermented,  or  malt  liquors 
in  the  State  of  New  York." 

3.  Section  2  is  hereby  amended  to  read  as  follows : 

"2.  The  term  food  as  used  in  this  act  shall  include  every  article  of  food  or  drink  by 
man,  including  teas,  coffees,  and  spirituous,  fermented,  and  malt  liquors.  The  term 
drug  as  used  in  this  act  shall  include  all  medicines  for  internal  or  external  use." 

5.  Section.  5  is  hereby  amended  to  read  as  follows  : 

"5.  The  State  board  of  health  shall  take  cognizance  of  the  interests  of  the  public 
health  as  relates  to  the  sale  of  food,  drugs,  spirituous,  fermented,  and  malt  liquors, 
and  the  adulteration  thereof,  and  make  all  necessary  inquiries  relating  thereto.  It 
shall  have  the  supervision  of  the  appointment  of  jjublic  analysts  and  chemists,  and 
upon  its  recommendation,  whenever  it  shall  deem  any  such  officers  incompetent,  the 
appointment  of  any  and  every  such  officer  shall  be  revoked  and  be  held  to  be  void  and 
of  no  effect.  Within  thirty  days  after  the  passage  of  this  act,  and  from  time  to  time 
thereafter  as  it  may  deem  expedient,  the  said  board  of  health  shall  meet  and  adopt 
such  measures,  not  provided  for  by  this  act,  as  may  seem  necessary  to  facilitate  the 
enforcement  of  this  act,  and  for  the  purpose  of  making  an  examination  or  analysis  of 
spirituous,  fermented,  or  malt  liquors  sold  or  exposed  for  sale  in  any  store  or  place  of 
business  not  herein  otherwise  provided  for,  and  i^repare  rules  and  regulations  with 
regard  to  the  proper  methods  of  collecting  and  examining  articles  of  food,  drugs, 
spirituous,  fermented,  or  malt  liquors,  and  for  the  appointment  of  the  necessary  in- 
spectors and  analysts.  The  said  board  shall  at  least  once  in  the  calendar  year  cause 
samples  to  be  procured,  in  public  market  or  otherwise,  of  the  spirituous,  fermented,  or 
malt  liquors  distilled,  brewed,  manufactured,  or  offered  for  sale  in  each  and  every 
brewery  or  distillery  located  in  this  State,  and  a  test,  sample,  or  analysis  thereof  to  be 
made  by  a  chemist  or  analyst  duly  appointed  by  said  board  of  health.  The  samples 
shall  be  kept  in  vessels  and  in  a  condition  necessary  and  adequate  to  obtain  a  proper 
test  and  analysis  of  the  liquors  contained  therein.  The  vessels  containing  such  sam- 
ples shall  be  properly  labeled  and  numbered  by  the  secretary  of  said  board  of  health, 
who  shall  also  prepare  and  keep  an  accurate  and  proper  list  of  the  names  of  the  dis- 
tillers, brewers,  or  vendors,  and  opposite  each  name  shall  appear  the  number  winch 
is  written  or  printed  upon  the  label  attached  to  the  vessel  containing  the  sample  of 
the  liquor  manufactured,  brewed,  distilled,  or  sold.  Such  lists,  numbers,  and  labels 
shall  be  exclusively  for  the  information  of  the  said  board  of  health,  and  shall  not  be 
disclosed  or  published  unless  upon  discovery  of  some  deleterious  substance  prior  to 
the  completion  of  the  analysis,  except  Avhen  required  in  evidence  in  a  court  of  justice. 
The  samples  when  listed  and  numbered  shall  be  delivered  to  the  chemist,  analyst,  or 
other  officer  of  said  board  of  health,  and  shall  be  designated  and  known  to  such  chemist, 
analyst,  or  officer  only  by  its  number,  and  by  no  other  mark  or  designation  The  re- 
sult of  the  analysis  or  investigation  shall  thereupon,  and  within  a  convenient  time, 
be  reported  by  the  officer  conducting  the  same  to  the  secretary  of  said  State  board  of 
health,  setting  forth  explicitly  the  nature  of  any  deleterious  substance,  compound,  or 
adulteration  w^hich  may  be  detrimental  to  public  health  and  which  has  been  found 


126 


LAWS  EELATING  TO  FOODS  AND  BEVERAGES. 


upon  analysis  in  such  samples,  and  stating  the  number  of  the  samples  in  which  said 
substance  was  found.  Upon  such  examination  or  analysis  ihe  brewer,  distiller,  or 
vendor  in  whose  sample  of  spirituous,  fermented,  or  malt  liquor  such  deleterious  sub- 
stances, compounds,  or  adulterations  shall  be  found,  shall  be  deemed  to  have  violated 
the  provisions  of  this  act,  and  shall  be  punishable  as  j)rescribed  in  section  7  of  this 
act,'' 

7.  Section  7  of  said  chapter  407  of  the  laws  of  1881  is  hereby  amended  to  read  as 
follows : 

'•7.  Upon  discovering  that  any  person  has  violated  any  of  the  provisions  of  this  act 
the  State  board  of  health  shall  immediately  communicate  the  facts  to  the  district  at- 
torney of  the  county  in  which  the  person  accused  of  such  violation  resides  or  carries 
on  business,  and  the  said  district  attorney,  upon  receiving  such  communication  or 
notification,  shall  forthwith  commence  proceeding  for  indictment  and  trial  of  the  ac- 
cused as  prescribed  by  law  in  cases  of  misdemeanor." 

8.  The  State  board  of  health  shall  be  authorized  to  expend,  in  addition  to  the  sums 
already  appropriated  for  said  board,  an  amount  not  exceeding  $3,000  for  the  purpose 
of  carrying  out  the  provisions  of  this  act  in  relation  to  spirituous,  fermented,  or  malt 
liquors.  And  the  sum  of  .|:3,000  is  hereby  appropriated,  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated  and  expended,  for  the  purposes  of  this  act. 

9.  This  act  shall  take  effect  immediately. 

OHIO. 

[Senate  bill  No.  110.] 
AN  ACT  to  create  the  office  of  dairy  and  food  commissioner. 

Be  it  enacted  hij  the  general  assemMy  of  the  State  of  Ohio,  That  there  is  hereby 
created  the  office  of  dairy  and  food  commissioner  of  the  State  of  Ohio.  Said  com- 
missioner shall  be  appointed  hy  the  governor,  by  and  Avith  the  consent  of  the  senate; 
he  shall  be  known  as  the  "Ohio  dairy  and  food  commissioner;"  his  term  of  office 
shall  be  for  two  years,  and  until  his  successor  is  appointed  and  qualified  ;  his  salary 
shall  be  fifteen  hundred  dollars  per  year,  and  his  necessary  and  reasonable  expenses 
incurred  in  the  discharge  of  his  official  duties  under  this  act,  to  be  paid  at  the  end  of 
each  calendar  month,  on  presentation  of  vouchers  properly  itemized  and  certified  by 
him  to  be  correct.  Said  expenses  to  be  paid  out  of  the  general  revenue  fund,  but  not 
[to]  exceed  -^600  in  any  one  year. 

Si'  C.  2.  It  shall  be  the  duty  of  said  commissioner  or  assistant  commissioner  to 
inspect  any  article  of  butter,  cheese,  lard,  syrup,  or  other  article  of  food  or  drinks 
made  or  offered  for  sale  in  the  State  of  Ohio  as  an  article  of  food  or  drink,  and  to  pros- 
ecute or  cause  to  be  prosecuted  any  person  or  persons,  firm  or  firms,  corporation  or 
corporations,  engaged  in  the  manufacture  or  sale  of  any  adulterated  article  or  articles 
of  food  or  drink,  or  adulterated  in  violation  of  or  contrary  to  any  laws  of  the  State 
of  Ohio. 

Sec.  3.  The  said  commissioner,  or  any  assistant  commissioner,  shall  have  power,  in 
the  performance  of  their  duty,  to  enter  into  any  creamery,  factory,  store,  salesroom, 
drug  store  or  laboratory,  or  place  where  they  have  reason  to  believe  food  or  drink  are 
made,  x^repared,  sold  or  offered  for  sale,  and  to  examine  their  books,  and  to  open  any 
cask,  tub,  jar,  bottle  or  package,  containing  or  supposed  to  contain  any  article  of 
food  or  drink,  and  examine  or  cause  to  be  examined  and  analyzed  the  contents 
thereof,  and  it  shall  be  the  duty  of  any  prosecuting  attorney  in  any  county  of  the 
State,  when  called  upon  by  said  commissioner  or  assistant  commissioner,  to  render 
him  any  legal  assistance  in  his  power  to  execute  the  laws,  and  to  assist  in  the  pros- 
ecution of  cases  arising  under  provisions  of  this  act. 

Sec.  4.  Said  commissioner  may,  with  the  consent  and  advice  of  the  governor,  ap- 
point not  more  than  two  assistant  commissioners,  whose  salaries  shall  be  one  thou- 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


127 


sand  dollars  each,  per  anunm,  and  their  necessary  and  reasonable  expenses  iucnrred 
in  the  discharge  of  their  official  duties,  payable  ia  time  and  manner  like  that  of  the 
commissioner  and  on  itemized  vouchers  approved  by  the  said  commissioner.  The 
said  commissioner  shall  have  power,  with  the  advice  and  consent  of  the  governor,  to 
appoint  three  expert  chetnists,  to  be  of  acknowledged  standing,  ability,  and  integrity, 
to  examine  and  analyze  samples  of  food  and  drink,  or  of  drugs  or  medicines  submitted 
to  them  by  the  commissioner  or  assistant  commissioner.  The  compensation  of  said 
expert  chemists  shall  be  for  the  actual  number  of  determinations  or  examinations 
required  and  made,  and  shall  not  exceed  for  each  determination  or  examination  two- 
thirds  tbe  price,  usually  paid  experts,  for  a  single  determination  or  examination  of  a 
similar  kind.  The  compensation  of  said  expert  chemist  shall  be  paid  at  the  end  of 
each  quarter  of  the  calender  year,  on  itemized  vouchers  certitied  to  by  said  commis- 
sioner, which  said  amount  of  expenses  shall  not  exceed,  in  any  one  year  for  the  three 
expert  chemists  combined,  the  sum  of  one  thousand  dollars,  the  sum  to  be  paid  out 
of  the  general  revenue  fund. 

Sec.  5.  All  fines  assessed  or  collected  iinder  prosecution,  begun  or  caused  to  be 
begun  by  said  commissioner  or  assistant  commissioners,  shall  be  paid  into  the  State 
treasury. 

Sec.  6.  Said  commissioner  shall  be  furnished  a  suitable  office  in  the  department  of 
the  State  board  of  agriculture  within  [the]  State  capitol  building,  and  shall  make  an 
annual  report  to  the  goveruor,  containing  an  itemized  statement  of  all  expenses  in- 
curred and  fines  collected,  with  such  statistics  as  he  may  regard  of  value  ;  and  said 
report  shall  be  published  each  year  as  a  supplement  to  the  annual  agricultural  report, 
and  two  thousand  copies  thereof  shall  bo  published  separately,  in  pamphlet  form. 
gECf  '''f  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Daniel  J.  Ryan, 
Speaker  pro  tem,  of  the  House  of  Representatives. 

Rob't  p.  Kennedy, 
rresiclen'  of  the  Senate, 

Passed  May  8,  1886. 

[Amended  H.  B.  No.  185.] 

AN  ACT  to  prevent  adulteration  of  and  deception  in  the  .sale  of  daily  products,  and  supplettientary 
to  Chapter  II,  Title  I,  Part  4,  of  the  Eerised  Statute.s. 

Be  it  enacted  by  the  general  assembly  of  the  Slate  of  Ohio,  That  no  person  shall  sell, 
exchange,  expose  or  offer  for  sale  or  exchange,  any  substance  purporting,  appearing, 
or  represented  to  be  butter  or  cheese,  or  having  the  semblance  of  either  butter  or 
cheese,  which  substance  is  not  made  wholly  from  pure  milli  or  cream,  salt  and  harm- 
less coloring  matter,  unless  it  be  done  under  its  true  name,  and  each  vessel,  package, 
roll,  or  parcel  of  sucli  substance  has  distinctly  and  durably  painted,  stamped,  sten- 
ciled, or  marked  thereon  the  true  name  of  such  substance  in  ordinary  bold-faced  cap- 
ital letters,  not  less  than  five-line  pica  in  size,  and  also  the  name  of  each  article  or 
ingredient  used  or  entering  into  the  composition  of  such  substance,  in  ordinary  bold- 
faced letters,  not  less  than  pica  iu  size,  or  sell  or  dispose  of  in  any  manner  to  another 
any  such  substance  without  delivering  with  each  amount  sold  or  disposed  of  a  label 
on  which  is  plainly  or  legibly  printed  in  ordinary  bold-faced  capital  letters  not  less 
than  five-line  pica  in  size,  the  true  name  of  such  substance,  and  also  the  name  of  such 
articles,  used  and  entering  into  the  composition  of  such  substance  in  ordinary  bold- 
faced letters,  not  less  than  pica  size,  if  the  same  be  not  made  wholly  from  pure  milk 
or  cream,  salt  and  harmless  coloring  matter. 

Sec.  2.  No  person  or  persons  shall  manufacture  out  of  any  oleaginous  substance  or 
substances,  or  any  compound  of  the  same  other  than  that  produced  from  unadulterated 
milk  or  cream,  salt  and  harmless  coloring  matter,  any  article  designed  to  be  sold  as 
butter  or  cheese  made  from  pure  milk  or  cream,  salt  and  harmless  coloring  matter. 


128 


LAWS  RELATING  TO  FOODS  AXD  BEVERAGES. 


Xotliing  iu  tliissectiou  shall  lire  vent  the  use  of  pure  skiiuiued  milk  in  the  mauufacture 
of  cheese. 

Sec.  3.  No  person  or  persons  shall  mauufacture,  inis,  compound  with,  or  add  to  nat- 
ural or  pure  aiilk,  cream,  butter,  or  cheese,  any  auinial  fats,  animal,  mineral,  or  veg- 
etable oils,  uor  shall  any  person  or  persons  manufacture  any  oleaginous  or  other 
substance  not  ijroduced  from  pure  milk  or  cream,  salt  and  harmless  coloring  matter, 
or  have  the  same  in  his  possession,  or  offer  or  expose  the  same  for  sale  or  ex'  hange 
%vith  intent  to  sell  or  in  any  manner  dispose  of  the  same  as  and  for  butter  and  cheese 
made  from  unadulterated  milk  or  cream,  salt  and  harmless  coloring  matter,  uor  shall 
any  substance  or  compound  so  made  be  sold  or  disposed  of  to  anyone  as  and  for  butter 
or  cheese  made  from  pure  milk  or  cream,  salt  and  harmless  coloring  matter. 

Sec.  4,  Xo  person  or  persons  shall  sell,  exchange,  expose  or  olfer  for  sale  or  ex- 
change, disx^oso  of  or  have  in  his  possession  any  substance  or  article  made  in  imita- 
tion or  resemblance  of,  or  as  a  substitute  for,  any  dairy  products  which  is  falsely 
branded,  stenciled,  labeled,  or  marked  as  to  the  place  where  made,  the  name  or  cream 
value  thereof,  its  composition  or  ingredients,  or  in  any  other  respect. 

Sec.  5.  No  person  or  persons  shallsell,  excliauge,  exposeor  oiferfor  sale  or  exchange, 
disxjose  of  or  have  in  his  possession  any  dairy  products  which  are  falsely  branded, 
stenciled,  labeled,  or  marked  as  to  the  place  where  made,  date  of  manufacture,  the 
name  or  cream  value  thereof,  comijosition  or  ingredients,  or  in  any  other  respect ;  and 
cheese  made  wholly  from  skimmed  milk  shall  have  brandtd  on  the  box  or  can  "made 
from  skimmed  milk." 

Sec.  6.  Every  person  in  this  State  who  shall  deal  in,  keep  for  sale,  expose  or  otfer 
for  sale  or  exchange,  any  substance  other  than  butter  or  cheese  made  wholly  from 
pure  milk  or  cream,  salt  and  harmless  coloring  matter,  which  appears  to  be,  resembles 
or  is  made  iu  imitation  of,  or  as  a  substitute  for  butter  or  cheese,  shall  keep  a  card 
not  less  in  size  than  eight  by  ten  inches,  in  a  conspicuous  and  visible  place,  where 
the  same  may  be  easily  seen  and  read  in  the  store,  room,  stand,  booth,  wagon,  or  place 
where  such  substance  is,  on  which  card  shall  be  printed  in  bold,  black,  Roman  let- 
ters, u^t  less  in  size  than  eight-line  pica,  the  true  num-e  of  such  substance,  with  the 
words    imitation  butter,  or  imitation  cheese,  sold  here." 

Sec.  7.  Every  proprietor,  keeper,  or  manager,  or  person  in  charge  of  any  hotel, 
boarding  house,  restaurant,  eating  house,  lunch  counter,  or  lunch  room,  who  therein 
sells,  uses,  or  disposes  of  any  substance  w^hich  appears  to  be,  resembles,  or  is  made 
in  or  as  an  imitation  of,  or  is  made  as  a  substitute  for  "  butter  or  cheese,'' under 
whatsoever  name,  and  which  sulistance  is  not  wholly  made  fri)m  XTure  milk  or  cream, 
salt  and  harmless  coloring  matter,  shall  display  and  keep  a  card  in  a  conspicuous 
place,  where  the  same  nuiy  be  easily  seen  and  read  in  tiio  dining,  eating,  restaurant, 
and  lunch  room,  and  place  where  such  substance  is  sold,  u^ed,  or  disposed  of,  which 
card  shall  be  in  size  not  less  than  eight  by  ten  inches,  upon  which  shall  be  printed  in 
plain,  bold,  black  letters,  not  less  iu  size  than  eight-line  X)ica,  the  true  name  of  such 
substance,  and  also  the  words  "imitation  butter,  or  imitation  cheese,  sold  and  used 
here,"  and  such  proprietor,  keeper,  manager,  or  i)erson  iu  charge  shall  not  sell,  fur- 
nish, or  dispose  of  such  substance  as  and  for  butter  or  cheese  "  mad^e  from  pure  milk 
or  cream,  salt  and  harmless  coloring  matter,  when  butter  or  cheese  is  asked  for. 

Sec.  8.  No  person  or  persons  shall  pack,  box,  inclose,  ship,  or  consign  any  substance 
as  butter  or  cheese  made  from  pure  milk  or  cream,  salt  and  harmless  coloring  matter, 
iu  such  a  manner  as  to  conceal  an  inferior  article  by  placing  .i  liner  grade  of  butter 
or  cheese  upon  the  surface  of  the  same. 

Sec.  9.  No  person  or  persons  shall  sell  to  any  person,  or  deliver  or  carry  or  cause 
to  be  carried  to  any  cheese  or  butter  factory  to  be  manufactured,  any  milk  diluted 
with  water  or  in  anyway  adulterated,  or  from  which  any  cream  has  been  taken,  (jr 
milk  commonly  known  as  "'  skiiumed  milk,"  or  milk  from  which  [the]  ijart  known  as 
"  strippings"  has  been  withheld  with  the  intent  to  defraud,  or  keeps  or  renders  a.-'V 
false  account  of  the  q^uantity  or  weight  of  mi'.l<  furnished  at  or  to  any  factory  for 
manufacture  or  sold  to  any  manufacturer. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


129 


Sec.  10.  No  person  or  persons  sbal],sell,  exchange,  or  olfer  for  sale  or  exchange,  any 
unclean,  impure,  unhealthy,  unwholeso:ne  milk,  or  sell,  exchange,  or  offer  for  sale  or 
exchange  as    pure  milk,"  milk  diluted  with  water,  or  milk  known  as  skimmed  milk. 

Sec.  1L  No  person  or  persons  shall  sell,  exchange,  expose  or  offer  for  sale  or  ex- 
change, have  in  his  possession  or  dispose  of  in  any  manner,  any  milk  which  is  falsely 
branded,  labeled,  marked,  or  represented  as  to  grade,  quantity,  or  place  where  pro- 
duced or  procured. 

Sec.  12.  No  person  shall  keep  cows  for  the  production  of  milk  for  any  purpose,  in  a 
cramped  or  unhealthy  condition,  or  feed  them  on  unhealthy  food,  or  upon  food  that 
produces  impure,  unhealthy,  or  unwholesome  milk. 

Sec.  13.  No  person  shall  manufacture,  sell,  exchange,  expose  or  olfer  for  sale  or  ex- 
change, any  condensed  milk,  unless  the  package,  can,  or  vessel  containing  the  same 
shall  be  distinctly  labeled,  stamped,  or  marked  with  its  true  name,  brand,  by  whom 
and  under  what  name  made  ;  and  no  condensed  milk  shall  be  made,  exchanged,  ex- 
posed, or  offered  for  sale  or  exchange,  unless  the  same  be  made  from  pure,  clean, 
healthy,  fresh,  unadulterated,  and  wholesome  milk,  from  which  the  cream  has  not  been 
removed,  or  unless  the  proportion  of  milk  solids  contained  in  the  condensed  milk 
shall  be  in  amount  the  equivalent  of  12  percentum  of  milk  solids  in  crude  milk,  and 
of  such  solids,  25  percentum  shall  be  fat. 

Sec.  14.  No  butter  or  cheese  not  made  wholly  from  pure  milk  or  cream,  salt,  and 
harmless  coloring  matter,  shall  be  used  in  any  of  the  charitable  or  penal  institutions 
of  the  State. 

Sec.  15.  Any  person,  or  persons  violating  any  of  the  provisions  or  sections  of  this 
act  shall,  upon  conviction  thereof,  be  fined  not  less  than  fifty  or  more  than  two  hun- 
dred dollars  for  the  first  offense,  or  for  each  subsequent  offense  not  less  than  one  hun- 
dred dollars  or  more  than  five  hundred  dollars,  and  be  imprisoned  not  less  than  ten 
days  or  more  than  ninety  days,  or  both. 

Sec.  16.  One-half  of  all  fines  collected  under  any  of  the  provisions  of  this  act 
shall  be  paid  over  to  the  person  or  persons  furnishing  information  under  which  con- 
viction is  procured. 

Sec.  17.  That  section  7089  of  the  Revised  Statutes  and  acts  of  April  13, 1881,  vol.  78, 
page  130,  and  April  26,  1881,  vol.  78,  page  198,  amendatory  and  supplementary  of  sec- 
tion 7090,  and  the  act  to  prevent  the  manufacture  and  sale  as  butter  of  oleomarga- 
rine and  other  similar  substances,  passed  April  27,  1885,  vol.  82,  page  159,  are  hereby 
repealed. 

Sec.  18.  This  act  shall  take  effect  on  its  passage. 

John  C.  Entrekin, 
Speaker  of  the  House  of  Representatives. 

RoBT.  P.  Kennedy, 
President  of  the  Senate. 

Passed  May  17, 1886. 

ADULTERATION  OF  FOOD. 
[House  Bill  No.  18.] 
AN  ACT  to  provide  against  the  adulteration  of  food  and  drugs. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio,  That  no  person  shall, 
within  this  State,  manufacture  for  sale,  offer  for  sale,  or  sell  any  drug  or  article  of 
food  which  is  adulterated,  within  the  meaning  of  this  act. 

Sec.  2.  *  *  *  The  term  "  food,"  as  used  herein,  shall  include  all  articles  used 
for  food  or  drink  by  man,  whether  simple,  mixed,  or  compound. 

Sec.  3.  An  article  shall  be  deemed  to  be  adulterated  within  the  meaning  of  this 
act :    *    *  * 

(a)  In  the  case  of  drugs  :    (1)  if,  when  sold  under  or  by  a  name  recognized  in  the 
United  States  Pharmacoptcia,  it  differs  from  the  standard  of  strength,  quality  or 
19150— No.  32  -9 


130 


LAWS  EELATl^'G  TO  FOODS  AXD  BEVERAGES. 


purity  laid  down  thereiu :  {'1)  if,  when  sold  under  or  by  a  name  not  recognized  in 
the  United  States  PharuiacopaMa,  but  whicli  is  found  in  some  other  pharmacopoeia,  or 
other  standard  work  on  materia  medica,  it  dilFers  materially  from  the  standard  of 
strength,  quality,  or  purity  laid  down  in  such  work;  (3)  if  its  strength,  quality,  or 
parity  falls  below  the  professed  standard  under  which  it  is  sold, 

(&)  In  the  case  of  food  :  (I)  If  auy  substance  or  substances  have  been  mixed  wiih 
it,  so  as  to  lower  or  depreciate  or  injuriously  alfect  its  quality,  strength,  or  purity; 
(•2)  if  auy  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  it  :  (3)  if  auy  valuable  or  necessary  constituent  or  ingredient  has  been 
wholly  or  iu  part  extracted  from  it :  (4)  if  it  is  an  imitation  of,  or  is  sold  under  the 
name  of  another  article:  (o)  if  it  consists  wholly,  or  in  part,  of  a  diseased,  decom- 
posed, putrid,  infected,  tainted,  or  rotten  animal  or  vegetable  substance  or  article, 
■whether  manufactured  or  not  — or,  in  the  case  of  milk,  if  it  is  the  produce  of  a  dis- 
eased animal ;  (6)  if  it  is  colored,  coated,  polished,  or  powdered,  whereby  damage 
or  inferiority  is  concealed,  or  if  hy  any  means  it  is  made  to  appear  better  or  of  greater 
value  than  it  really  is  :  (7)  if  it  contains  any  added  sujbstance  or  iugredient  which 
is  poisonous  or  injurous  to  health:  provided,  that  the  provisions  of  this  act  shall  not 
apply  to  mixtures  or  compounds  recognized  as  ordinary  articles  or  ingredients  of 
articles  of  food,  if  each  and  every  package  sold  or  offered  for  sale  be  distinctly  labeled  as 
mixtures  or  compounds,  ivWi  the  name  and  per  cent,  of  each  ingredient  therein,  and  are 
not  injurious  to  health. 

Sec.  4,  Every  person  manufacturing,  offering  or  exposing  for  sale  or  delivering  to 
a  purchaser  any  *  *  *  article  of  food  included  in  the  provisions  of  this  act,  shall 
furnish  to  any  person  interested,  or  demanding  the  same,  who  shall  aiiply  to  him  for 
the  purpose,  and  shall  tender  him  the  value  of  the  same,  a  sample  sufficient  for  tbe 
analysis  of  any  such    *    *    *    article  of  food  which  is  in  his  possession. 

Sec.  5.  Whoever  refuses  to  comply,  upon  demand,  with  the  requirements  of  section 
4,  and  whoever  violates  any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  exceeding  one  hundred  nor  less  than 
twenty-five  dollars,  or  imprisoned  not  exceediug  one  hundred  nor  less  than  thirty 
days,  or  both.  And  any  j)erson  found  guilty  of  mauufacturiug,  ofi:eriug  for  sale,  or 
selling  an  adulterated  article  of  food  *  *  *  under  the  provisions  of  this  act,  shall 
be  adjudged  to  pay,  in  addition  to  the  penalties  hereinbefore  provided  for,  all  neces- 
sary costs  and  expenses  incurred  in  insx)ecting  aud  analyzing  such  adulterated  arti- 
cles of  which  said  person  may  have  been  found  guilty  of  manufacturing,  selling,  or 
offering  for  sale. 

Sec.  6.  This  act  shall  take  effect  and  be  in  force  in  forty  days  from  aud  after  its 
passage. 

A,  D.  Maksh, 

Speaker  of  the  House  of  Representatives. 

Elmer  White, 
President  pro  tern,  of  the  fSenale. 

Passed  March  20, 1884. 

[House  Bill  Xo.  887.) 
AX  ACT  to  prevent  fraud  iu  canning  fruit  and  vegetables. 

Be  it  enacted  hy  the  general  assembly  of  the  State  of  Ohio,  That  it  shall  hereafter  be 
unlawful  in  this  State  for  auy  packer  or  dealer  in  preserved  or  canned  fruits  and 
vegetables,  or  other  articles  of  food,  to  offer  such  canned  articles  for  sale  after  Janu- 
ary 1, 18S6,  with  the  exception  of  goods  brought  from  foreign  countries  or  packed 
prior  to  the  passage  of  this  act,  unless  such  articles  bear  a  mark  to  indicate  the  grade 
or  quality,  together  with  the  name  aud  address  of  such  firm,  person,  or  corporation 
that  pack  the  same,  or  dealer  who  sells  the  same. 

Sec.  2.  That  all  soaked  goods,  or  goods  put  up  from  products  dried  before  canning, 
shall  be  plainly  marked  by  an  adhesive  label,  having  on  its  face  the  word  "  soaked" 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


131 


in  letters  not  less  in  size  than  two-line  pica  of  solid  and  legible  type;  aud  all  cans, 
jugs,  or  other  packages  containing  maple  syrup  or  molasses,  shall  he  plainly  marked 
by  an  adhesive  label,  having  on  its  face  the  name  and  address  of  the  person,  firm,  or 
corporation  who  made  or  prepared  the  same,  together  with  the  name  and  quality  of 
the  goods,  in  letters  of  the  size  provided  in  this  section. 

Sec.  3.  Any  person,  firm,  or  corporation  who  shall  falsely  stamp  or  label  such  cans 
or  jars  containing  preserved  fruit  or  food  of  any  kind,  or  knowingly  permit  such 
false  stamping  or  labeling,  aud  any  person,  firm,  or  corporation  who  shall  violate 
any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  aud  pun- 
ished with  a  fine  not  less  than  $50  in  the  case  of  vendors,  and  in  the  case  of  manu- 
facturers, and  those  falsely  or  fraudulently  stamping  or  labeling  such  cans  or  jar?,  a 
fine  of  not  less  than  $500  nor  more  than  ILOOO;  and  it  shall  be  the  duty  of  any 
board  of  health  in  this  State,  cognizant  of  any  violation  of  this  act,  to  prosecute  any 
person,  firm,  or  corporation  which  it  has  reason  to  believe  has  violated  any  of  the 
provisions  of  this  act,  and  after  deducting  the  costs  of  trial  aud  conviction,  to  retain 
for  the  use  of  said  board  the  balance  of  the  fine  or  fines  recovered. 

Sec.  4,  This  act  shall  take  effect  January  1, 1886. 

A.  D.  Marsh, 
S})ealcer  of  the  Mouse  of  Represeniaiues. 

Elmer  White, 
President  pro  tern,  of  the  Senate. 

Passed  April  29, 1885. 

ADULTERATION  OF  LIQUORS. 

Section  7082  of  the  Revised  Statutes  provides  that :  "  Whoever  adulterates,  for  the 
purpose  of  sale,  any  spirituous,  alcoholic,  or  malt  liquors,  used  or  intended  for  drink 
or  medical  or  mechanical  purposes,  with  coculua  indicus,  vitriol,  grains  of  paradise, 
opium,  alum,  capcicum,  copperas,  laurel  water,  logwood,  Brazil  wood,  cochineal,  sugar 
of  lead,  aloes,  glucose,  tannic  acid,  or  any  other  substances  which  is  poisonous  or  in- 
jurious to  health,  or  with  any  substance  not  a  necessary  ingredient  in  the  niauufac- 
ture  thereof;  and  whoever  sells  or  offers  or  keeps  for  sale  any  such  liquors  so  adul- 
terated shall  be  fined  in  any  sum  not  less  than  twenty  nor  more  than  one  hundred 
dollars,  or  bo  imprisoned  not  less  than  twenty  nor  more  than  sixty  days,  or  botb,  at 
the  discretion  of  the  court.  And  any  person  guilty  of  violating  any  of  the  provisions 
of  this  section  shall  be  adjudged  to  pay,  in  addition  to  the  penalties  hereinbefore  pro- 
vided for,  all  necessary  costs  and  expenses  incurred  in  inspecting  and  analyzing  any 
such  adulterated  liquors,  of  which  said  party  may  have  been  guilty  of  adulterating 
or  selling,  or  keeping  for  sale,  or  offering  for  sale." 

Passed  March  25, 1882. 

MANUFACTURING  OR  SELLING  POISONED  LIQUORS. 

Section  7083  of  the  Revised  Statutes  provides  that :  "  Whoever  uses  any  active 
poison  in  the  manufacture  or  preparation  of  any  intoxicating  liquor,  or  sells  in  any 
quantity  any  intoxicating  liquor  so  manufactured  or  prepared,  shall  be  imprisoned  in 
the  penitentiary  not  more  than  five  years  nor  less  than  one  year."    [54  v.  183.] 

ADULTERATION  OF  WINE. 

Section  7081  of  the  Revised  Statutes  provides  against  the  adulteration  of  native 
wines,  as  follows:  "Whoever  adulterates  any  wine  made  or  juices  expressed  from 
grapes  grown  within  the  State  of  Ohio,  by  mixing  therewith  any  drugs,  chemicals, 
cider,  whisky,  or  other  liquor,  and  whoever  sells,  or  offers  to  sell,  any  such  adulter- 
ated wine  or  grape  juice,  knowing  the  same  to  be  adulterated,  shall  be  fined  in  any 
sum  not  more  than  three  hundred  nor  less  than  fifty  dollars."    [62  v.  179.] 


132 


LAWS  EELATIXG  TO  FOODS  AND  BEVERAGES. 


ADULTERATION  OF  CANDY. 

[Senate  billXo.  123.] 
AX  ACT  to  provide  against  the  atlnlteration  of  candy. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio,  That  no  person  shall  manu- 
facture for  sale,  or  sell  or  olfer  to  sell,  any  candy  adulterated  by  the  admixture  of 
terra  alba,  berytes,  talo,  or  otlier  mineral  substance,  or  poisonous  colors  or  flavors,  or 
other  ingredients  deleterious  or  detrimental  to  health. 

Sec.  2.  Every  person  mauufacturing  candy,  or  offering  or  exposing  the  same  for 
sale,  shall  furnish  to  any  i)erson  interested  or  demanding  the  same,  who  shall  apply- 
to  him  for  that  purpose  and  shall  render  him  ilie  value  of  the  same,  a  sample  sufficient 
for  the  analysis  thereof. 

Sec.  3.  Whoever  refuses  to  comply,  upon  demand,  with  the  requirements  of  section 
2,  and  whoever  violates  any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  exceeding  one  hundred  dollars  nor 
less  than  twenty-live  dollars,  or  imprisoned  not  exceeding  one  hundred  nor  less  than 
thirty  days,  or  both  ;  and  he  shall  be  adjudged  to  pay,  in  addition,  all  necessary  costs 
and  expenses  incurred  in  the  inspecting  and  analyzing  such  adulterated  candv,  and 
the  same  shall  be  forfeited  and  destroyed  under  the  direction  of  the  court. 

Sec.  4.  This  act  shall  take  effect  upon  its  passage. 

Daniel  J.  Ryan, 

Speal'er  jyro  tern,  of  the  Souse  of  Bepresentatives. 

RoBT.  P.  Kennedy', 
President  of  the  Senate. 

Passed  May  8,  1886. 

[House  bill  Xo.  26.] 

AX  ACT  to  amend  sectiou[s]  1  and  2  of  au  act  entitled  -'An  act  to  prevent  the  adulteratior  of  vin- 
egar." passed  ilarch  21.  1887  (  Ohio  la^s  84.  216 »,  and  to  repeal  section  3  of  said  act. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio,  That  sections  1  and  2  of  an 
act  entitled  '"'An  act  to  prevent  the  adulteration  of  vinegar,"'  passed  March  21,  1887, 
be  amended  so  as  to  read  as  follows : 

"  Sec.  1.  That  no  person  shall  manufacture  for  sale,  or  knowingly  offeror  expose  for 
sale  as  cider,  apple,  or  orchard  vinegar  any  vinegar  not  the  legitimate  product  of 
pure  apple  juice  known  as  apple  cider,  or  vinegar  not  made  exclusively  of  said  apple 
cider,  or  vinegar  into  which  foreign  substances,  drugs,  or  acids  have  been  introduced 
as  may  appear  by  proper  test,  and  upon  said  test  shall  contain  not  less  than  two  per 
cent,  by  weight  of  cider  vinegar  solids  upon  full  evaporation  over  boiling  water. 

"  Sec.  2.  ?so  person  shall  manufacture  for  sale,  or  knowingly  offer  for  sale,  or  have 
in  his  possession  with  intent  to  sell  any  vinegar  found  upon  proper  test  to  contain 
any  preparation  of  lead,  copper,  sulphuric  acid,  or  other  ingredients  injurious  to 
health  or  contaiuiug  artificial  coloring  matter. 

*'Sec.  4.  Every  person  makingor  manufacturing  cider  vinegar,  who  isnot  a  domestic 
manufacturer  of  cider  or  cider  vinegar,  shall  brand  on  each  head  of  the  cask,  banel, 
or  keg  containing  such  vinegar  the  name  and  residence  of  the  manufacturer,  the 
date  when  same  was  manufactured,  and  the  words  "  Cider  Vinegar."  And  no  vine- 
gar shall  be  branded  ''Fruit  Vinegar unless  the  same  be  made  wholly  from  apples, 
grapes,  or  other  fruit. 

''Sec.  5.  Whoever  violates  any  of  the  provisions  of  this  act  shall,  upon  conviction, 
be  lined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  or  imprisoned 
not  less  than  thirty  days  nor  more  than  one  hundred  days,  or  both:  and  shall  bo  ad- 
judged to  pay  in  addition  all  necessary  costs  and  expenses  incurred  in  inspecting  aud 
analyzing  such  vinegar.  Aud  all  vinegar  not  in  accordance  with  this  act  shall  be 
subject  to  forfeiture  aud  spoliation.'" 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


133 


Sec.  2.  Sections  1,  2,  and  3  of  an  act  passed  March  21,         (O.  L.,  84,  p.  21(1),  he, 
and  the  same  are  herehy,  repealed. 
Sec.  3,  This  act  shall  take  etFect  and  he  in  force  from  and  after  its  passage. 

Elbeut  L.  Lampson, 
Speaker  of  the  House  of  Representatives. 
Wm.  C.  Lyon, 

President  of  the  Senate. 

Passed  April  14,  1888. 

[Senate  bill  No.  59.] 
AN"  ACT  to  amend  sections  [section?]  3718a  of  the  Eevlsed  Statutes  of  Ohio. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio,  That  section  3718(i  of  the 
Revised  Statutes  of  Ohio  he,  and  the  same  is  herehy,  amended  to  read  as  follows: 

Sec.  3718«.  Any  justice  of  the  j)eace,  within  his  county  and  city,  police  judge  or 
mayor  of  any  city  or  village,  within  his  city  or  village,  shall  have  jurisdiction  in  case 
of  violation  of  the  laws,  to  prevent  adulteration  of  food  and  drink,  the  adulteration 
and  deception  in  the  sale  of  dairy  products,  and  drugs  and  medicines,  and  any  viola- 
tion of  the  law  for  the  prevention  of  cruelty  to  animals,  or  under  section  sixty-nine 
hundred  and  eighty-four  of  the  Revised  Statutes  or  section  sixty-nine  hundred  and 
eighty-four  a  thereof  as  herein  enacted.  If  such  prosecutions  ho  hefore  a  justice  of 
the  peace,  and  a  trial  by  jury  be  not  waived,  the  said  justice  shall  issue  a  venire  to 
any  constable  of  the  county,  containing  the  names  of  sixteen  electors  of  the  county 
to  serve  as  jurors  to  try  such  case  and  make  due  return  thereof.  Each  party  shall 
be  entitled  to  two  peremptory  challenges,  and  shall  be  subject  to  the  same  challenges 
as  jurors  are  subject  to  in  criminal  cases  in  the  court  of  common  pleas.  If  the  venire 
of  sixteen  names  be  exhausted  without  obtaining  the  required  number  to  till  the 
panel,  the  justice  may  direct  the  constable  to  summon  any  of  the  bystanders  to  act 
as  jurors:  Prori(Ze(?,  That  in  all  cases  prosecuted  under  the  provision  of  this  section 
no  costs  shall  be  required  to  be  advanced  or  paid  by  the  person  or  persons  authorized 
under  the  law  to  prosecute  such  cases:  And  ^irovided  further,  That  in  all  cases 
brought  under  the  provision  of  this  section,  if  the  defendant  be  acquitted,  or  if  con- 
victed, and  committed  iu  default  of  paying  fine  and  costs,  the  costs  of  each  case  shall 
bo  certified  under  oath  to  the  county  auditor,  who,  after  correcting  the  same,  shall 
issue  [a]  warrant  on  the  county  treasurer  in  favor  of  Ihe  person  to  whom  such  costs 
and  fees  shall  be  paid. 

Sec.  2.  Tlie  original  section  3718a  is  hereby  repealed. 

Sec.  3.  This  act  shall  take  [etFect]  from  and  after  its  passage. 

Elbert  L.  Lampson, 
Speaker  of  the  House  of  Eepresentatives. 
Wm.  C.  Lyon, 
President  of  the  Senate. 

Passed  April  3,  1888. 

[House  hill  No.  407.  ] 

AN  ACT  to  regulate  the  sale  of  milk. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio,  That  whoever,  by  himself 
or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of  any  other  person,  sells,  ex- 
changes, or  delivers,  or  has  in  his  custody  or  possession  with  intent  to  sell  or  exchange, 
or  exposes  or  ofiers  for  sale  or  exchange,  adulterated  milk,  or  milk  to  which  water 
or  any  foreign  substance  has  been  added,  or  milk  from  diseased  or  sick  cows,  shall, 
for  a  first  oficnse,  be  punished  by  a  fine  of  not  less  than  fifty  nor  more  two  hundred 
dollars;  for  a  second  offense,  by  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  three  hundred  dollars,  or  by  imprisonment  in  the  workhouse  for  not  Jess  than 


134 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


thirty  nor  more  tbau  sixty  days;  aud  for  a  subsequent  offense,  by  a  fine  of  fifty  dol- 
lars and  by  imprisonment  in  the  workhouse  of  not  less  than  sixty  nor  more  than 
ninety  days. 

Sec.  2.  Whoever,  by  himself  or  by  his  servant  or  agent  or  as  the  servant  or  agent 
of  any  other  person,  sells,  exchanges,  or  delivers,  or  has  in  his  custody  or  possession, 
with  intent  to  sell  or  exchange,  or  exposes  or  offers  for  sale  as  pure  milk  any  milk 
from  which  the  cream  or  part  thereof  has  been  removed,  shall  be  punished  by  the 
penalties  provided  in  the  preceding  section. 

Sec.  3..  No  dealer  in  milk,  and  no  servant  or  agent  of  such  a  dealer,  shall  sell  ex- 
change, or  deliver,  or  have  in  his  custody  or  possession,  with  intent  to  sell,  exchange, 
or  deliver,  milk  from  which  the  cream  or  part  thereof  has  been  removed,  unless  in  a 
conspicuons  place,  above  the  center,  upon  the  outside  of  every  vessel,  can,  or  pack- 
age from  which  or  in  which  such  milk  is  sold,  the  words  "skimmed  milk"  are  dis- 
tinctly marked  in  uncondensed  gothic  letters  not  less  than  one  inch  in  length.  Who- 
ever violates  the  provisions  of  this  section  shall  be  punished  by  the  penalties  pro- 
vided in  section  1. 

Sec.  4.  In  all  x^rosecutions  under  this  chapter,  if  the  milk  is  shown  upon  analysis 
to  contain  more  than  eighty-seven  per  cent  of  watery  fluid  or  to  contain  not  less 
than  twelve  and  one-half  per  cent  solids,  not  less  than  one-fourth  of  which  mustltc 
fat,  it  shall  be  deemed,  for  the  purpose  of  this  chapter,  to  be  adulterated,  and  not  of 
good  standard  quality,  excejDt  during  the  months  of  May  and  June,  when  milk  con- 
taining less  than  twelve  per  cent  of  milk  solid  shall  be  deemed  to  be  not  of  good 
standard  quality. 

Sec.  5.  This  act  shall  take  effect  aud  be  in  force  from  and  after  its  passage. 

Elbert  L.  Lampson, 
SpeaJce)'  of  the  House  of  Bcpresentafives. 
Theo.  F.  Davis, 
President  pro  tern,  of  tlie  Senate. 

Passed  April  10,  1889. 

[Senate  bill  No.  34.] 

A"N"  'act  to  amend  sections  6  and  7  of  an  act  passed  May  17,  1886  (O.  L.,  pp.  178, 179,  and  180,  vol.  83), 
amended  Marcli  21, 1887  (pp.  182, 183,  vol.  84,  O.  L.),  to  prevent  adulteration  and  deception  in  the  sale 
of  dairy  products. 

Be  it  enacted  hy  the  general  assemhly  of  the  State  of  Ohio,  That  sections  6  and  7  of  the 
above-named  act,  i^assed  May  17, 1886,  amended  March  21,  1887,  be  amended  so  as  to 
read  as  follows : 

Sec.  6.  Every  person  in  this  State  who  shall  deal  in,  keep  for  sale,  expose,  or  offer 
for  sale  or  exchange  any  substance  other  than  butter  or  cheese  made  wholly  from 
pure  milk  or  cream,  salt,  and  harmless  coloring  matter,  which  appears  to  be,  resem- 
bles, oris  made  in  imitation  of,  or  as  a  substitute  for  butter  or  cheese,  shall  keep  a 
card  not  less  in  size  than  ten  by  fourteen  inches,  in  a  conspicuous  and  visible  place 
where  the  same  may  be  easily  seen  and  read  in  the  store,  room,  stand,  booth,  wagon, 
or  place  where  such  substance  is,  on  which  card  shall  be  printed,  on  a  white  ground, 
in  bold,  black,  Roman  letters,  not  less  in  size  than  twelve-line  pica,  the  words  oleo- 
margarine" or  imitation  cheese"  (as  the  case  may  be)  "sold  here,"  and  said  card 
shall  not  contain  any  other  words  than  the  ones  above  presciibed;  and  no  person 
shall  sell  auy  oleomargarine,  suine,  imitation  cheese,  or  other  imitation  dairy  prod- 
uct, at  retail  or  in  any  quantity  less  than  the  original  package,  tub,  or  firkin,  unless 
he  shall  first  inform  the  purchaser  that  the  substance  is  not  butter  or  cheese,  but  an 
imitation  of  the  same. 

Sec.  7.  Every  proprietor,  keeper,  or  manager,  or  person  in  charge  of  any  hotel, 
boarding  house,  restaurant,  eating  house,  lunch  counter,  or  lunch  room,  who  therein 
sells,  uses,  or  disposes  of  any  substance  which  appears  to  be,  resembles,  or  is  made  in 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


135 


or  as  au  imitation  of,  or  is  made  as  a  substitute  for  butter  or  cheese,  under  wbatsoever 
name,  and  which  substance  is  not  wholly  made  from  pure  milk  or  cream,  salt,  and 
harmless  coloring  matter,  shall  display  and  keep  a  card  in  a  conspicuous  place,  where 
the  same  may  be  easily  seen  and  read  in  the  dining,  eating,  restaurant,  and  lunch  room, 
and  place  where  such  substance  is  sold,  used,  or  disposed  of,  which  card  shall  bo  white 
and  in  size  not  less  than  ten  by  fourteen  inches,  upon  which  shall  be  printed  iu  plain, 
bold,  black,  Roman  letters,  not  less  in  size  than  twelve-line  pica,  the  words  "  oleomar- 
garine sold  and  used  here,"  or  ^'imitation  cheese  sold  andusedhere"  (as  the  case  may 
be),  and  said  card  shall  not  contain  any  other  words  than  the  ones  above  described, 
and  such  proprietor,  keeper,  mauager,  or  person  in  charge  shall  not  sell,  furnish,  or 
dispose  of  such  substance  as  and  for  ''butter  and  cheese,"  made  from  pure  milk  or 
cream,  salt,  and  harmlsss  coloring  matter,  when  butter  or  cheese  is  asked  for. 

Sec.  2.  That  sections  G  and  7  of  the  above-named  act,  as  amended  March  21,  1887, 
be,  and  the  same  are  hereby,  repealed. 

Sec,  3.  This  act  shall  take  effect  on  its  passage. 

Elbert  L.  Lampson, 
Speaker  of  the  Mouse  of  Representatives. 
Wm.  C.  Lyon, 

President  of  the  Senate. 

Passed  March  8,  1888. 

[House  bill  Xo.  525.] 

AN  ACT  to  define  pure  wines,  wines,  compounded  wines,  and  adulterated  wines,  and  to  regulate 
tlie  manufacture  and  sale  of  compounded  wines,  and  to  prohibit  the  manufacture  or  sale  of  adul- 
terated wines  within  the  State  of  Ohio. 

Be  it  enacted  by  the  general  assemhly  of  the  State  of  Ohio,  That  all  liquors  denominated 
as  wine  containing  alcohol,  '''except  such  as  shall  be  produced  by  the  natural  fer- 
mentation of  pure,  undried  grape  juice,"  or  compounded  with  distilled  spirits,  or  by 
both  methods,  whether  denominated  as  wine,  or  by  any  other  name  whatsoever,  in 
the  nature  of  articles  for  use  as  beverages,  or  for  compounding  with  other  liquors 
intended  for  such  use,  and  all  compounds  of  the  same  with  pure  wine,  and  all  pre- 
served fruit  juices  compounded  with  substances  not  produced  from  undried  fruit,  in 
character  of,  or  intended  for  use  as  beverages,  and  all  wines  (including  all  grades 
and  kinds)  which  contain,  or  in  the  production  or  manufacture  of  which,  any  glucose, 
or  uncrystallized  grape  or  starch  sugar,  or  cider,  or  pomace  of  grapes  out  of  which  the 
juice  has  been  pressed  or  extracted,  known  as  grape  cheese,  has  been  used,  and  all 
wines,  imitation  of  wines,  or  other  beverages  produced  from  fruit  into  which  carbonic 
acid  gas  has  been  artificially  injected,  or  which  st  all  contain  any  alum,  baryta,  salts, 
caustic  lime,  carbonate  of  soda,  carbonate  of  potash,  carbonic  acid,  salts  of  lead,  sali- 
cylic acid  or  any  other  antiseptic,  coloring  matter  (other  than  produced  from  undried 
fruit  or  pure  sugar),  essence  of  ether  or  any  foreign  substance  whatsoever,  which  is 
injurious  to  health,  shall  be  denominated  as  adulterated  wine,  and  any  person  or  per- 
sons who  shall  manufacture,  or  cause  the  same  to  be  done,  with  intent  to  sell,  or  shall 
sell  or  offer  to  sell  any  of  such  wine  or  beverage,  shall  be  guilty  of  a  misdemeanor,  and 
shallbe  punished  by  a  fine  of  not  less  than  two  hundred  dollars  or  more  than  one  thousand 
dollars,  or  be  imprisoned  in  the  county  jail  for  a  term  of  not  less  than  thirty  days  or 
more  than  six  mouths,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court,  and  shall  be  liable  to  a  penalty  of  one  dollar  for  each  gallon  thereof  sold,  offered 
for  sale,  or  manufactured  with  intent  tosell,  and  such  wineor  beverage  shallbe  deemed 
a  ])ublic  nuisance  and  forfeited  to  the  State,  and  shall  be  summarily  seized  and  de- 
stroyed by  any  health  officer,  marshal,  constable,  or  sheriff  within  whose  jurisdiction 
the  same  shall  be  found,  and  the  reasonable  expense  of  such  seizure  and  destruction, 
not  exceeding  the  amount  paid  for  similar  services,  shall  be  a  county  charge,  and 
paid  out  of  the  county  treasury  in  the  same  manner  as  costs  in  criminal  cases,  where 
the  State  fails  to  convict,  are  now  allow^ed  and  paid  out  of  such  treasury. 


136 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


Sec.  2.  For  the  purpose  of  this  act  the  words  ''pure  wine"  shall  bo  nnderstood  to 
mean  the  fermented  juice  of  the  undried  grapes,  without  the  addition  thereto  of  water, 
sugar,  or  any  foreign  substance  whatever;  and  all  such  wines  shall  be  known  as 
"pure  wine,"  and  may  be  staniped.  branded,  labeled,  designated,  and  sold  as  pure 
wine,"  and  the  name  and  kind  of  wine,  aud  that  of  the  locality  where  such  wine  is 
made,  and  of  the  manufacturer,  may  also  be  added;  and  it  shall  be  unlawful  to  affix 
any  stamp,  brand,  or  label  containing  the  words  ''  pure  wine  "  (either  alone  or  with 
other  words)  on  any  vessel,  package,  bottle,  or  other  receptacle  containing  any  sub- 
stance other  than  pure  wine  as  in  this  section  defined,  or  to  prepare  or  use  on  a:iy  yes= 
sel,  package,  bottle,  or  other  receptacle  containing  any  liquid,  any  imitation  or  coun- 
terfeit of  such  stamp,  label,  or  brand,  or  any  stamp,  label,  or  brand  of  such  form  and 
appearance  as  to  be  calculated  to  mislead  or  deceive  any  person,  or  cause  to  be  sup- 
posed that  the  contents  thereof  be  pure  wine,  or  to  use  any  vessel,  package,  bottle,  or 
other  receptacle  having  such  stamp,  brand,  or  label  affixed  thereon,  except  for  pure 
wine  as  in  this  section  defined  ;  and  if  the  name  of  the  manufacturer  is  added,  then 
only  of  such  manufacturer's  make,  providing  the  same  is  pure  wine. 

Sec.  3.  For  the  further  purpose  of  this  act  thQ  word  "  wine  "  shall  be  understood 
to  moan  the  fermented  juice  of  undried  grapes:  Provided,  hoicever,  That  the  addi- 
tion of  pure  white  or  crystallized  sugar  to  perfect  the  wine,  or  the  using  of  the  neces- 
sary things  to  clarify  and  refine  the  wine  which  are  not  injurious  to  health,  shall  not 
be  construed  as  adulterations,  but  such  wines  shall  contain  at  least  seventy-five  per 
cent  of  pure  grape  juice,  and  shall  not  contain  any  artificial  flavoring  whatever  ;  and 
all  such  ''wine"  shall  be  known  as  "wine,"  and  may  be  stamped,  branded,  labeled, 
and  sold  as  "  wine,"  in  the  same  manner  as  is  provided  in  section  two  of  this  act  in 
case  of  pure  wine,  except  the  words  in  this  case  shall  be  "  wine"  without  the  prefix 
"pure,"  and  all  the  provisions  of  said  section  two,  as  far  a.?  applicable,  shall  govern 
the  manufacture  and  sale  of  "  wine"  as  in  this  section  defined. 

Sec.  4.  For  the  further  purpose  of  this  act,  should  any  person  or  persons  manufac- 
ture or  cause  the  same  to  be  done,  with  intent  to  sell,  or  ofier  to  sell,  any  wine  which 
contains  less  than  the  seventy-five  per  cent  of  pure  undried  grape-juice,  aud  is  oth- 
erwise pure,  such  wine  shall  be  known  as  compounded  wine  and  shall  be  branded, 
marked,  labeled,  and  sold  as  compounded  wine  or  sweet  wine,  and  upon  each  aud 
every  package,  barrel,  or  other  receptacle  of  such  wine  which  shall  contain  more 
than  three  gallons  there  shall  be  stamped  upon  both  ends  of  such  package,  barrel  ,  or 
other  receptacle,  in  black  printed  letters  at  least  one  inch  high  and  of  proper  propor- 
tion, the  words  "  compounded  wine  or  sweet  wine,"  and  upon  all  packages  or  other  re- 
ceptacle which  shall  contain  more  than  one  quart  and  up  to  three  gallons  there  shall 
be  stamped  upon  each  of  said  packages  or  receptacles,  in  plain  printed  black  letters  at 
least  one-half  inch  high  and  of  proper  proportion,  the  words  compounded  wine  or 
sweet  wine,  and  upon  all  packages,  bottles,  or  other  receptacle  of  one  quart  or  less  there 
shall  be  placed  a  label  securely  pasted  thereon,  on  which  label  the  words  "com- 
pounded wine"  or  "  sweet  wine"  shall  be  plainly  printed  in  black  letters  at  least  one- 
fourth  of  an  inch  high  and  of  proper  proportion.  Should  any  number  of  such  pack- 
ages or  other  receptacle  be  inclosed  in  a  larger  package,  as  a  box,  barrel,  case,  or 
basket,  such  outside  package  sliall  also  receive  the  stamp  "  compounded  wine"  or 
"sweet  wine,"  the  letters  to  be  the  size  according  to  the  amount  of  such  wine  con- 
tained in  such  outside  x^ackages. 

Sec.  5.  Any  person  or  persons  who  shall  sell  or  ofier  for  sale,  or  manufacture  or 
cause  the  same  to  be  done,  with  intent  to  sell  any  wine  stamped  or  labeled,  or  branded, 
or  designated  in  any  manner  as  "  pure  wine,"  either  by  including  the  word  "pure" 
with  "  wine"  alone  or  in  connection  with  other  words,  which  is  not  "pure  wine  "  as 
in  section  two  of  this  act  defined,  or  any  wine  stamped,  or  labeled,  or  branded,  or  in 
any  manner  designated  as  "  wine,"  but  which  is  not  wine  as  in  section  three  of  this 
act  defined,  or  shall  violate  any  provision  of  said  sections  two  and  three  of  this 
act,  or  shall  sell  or  offer  for  sale,  or  manufacture,  or  cause  the  same  to  be  done,  with 
intent  to  sell  any  wine  of  the  kind  and  character  as  described  in  the  fourth  section 


LAWS  RELATING  TO  FOODS  AND  BEVEEAGES.  137 


of  this  act,  which  shall  uot  be  stamped,  marked,  or  labeled  after  the  manner  and 
mode  therein  prescribed,  or  which  is  falsely  stamped,  or  marked,  or  labeled,  such 
person  or  persons  shall  be  guilty  of  a  misdemeanor,  and  shall  bo  punished  by  a  fine 
of  not  less  than  one  hundred  dollars  or  more  than  one  thousand  dollars  for  each  and 
every  offense,  or  by  imprisonment  in  the  county  jail  not  less  than  thirty  days,  or  more 
than  six  months,  or  both  fine  and  imprisonment,  iu  the  discretion  of  the  court,  and 
in  addition  thereto  shall  be  liable  to  a  penalty  of  one-half  dollar  for  each  gallon 
thereof  sold,  offered  for  sale,  or  manufactured  with  intent  to  sell  or  offer  for  sale.  All 
penalties  imposed  by  this  act  may  be  recovered  with  costs  of  action  by  any  person  in 
his  own  name,  before  any  justice  of  the  ])eace  in  the  county  where  the  offense  was 
committed,  where  the  amount  does  not  exceed  the  jnrisdictiou  of  such  justice;  and 
such  penalties  may  be  recovered  iu  the  like  manner  in  any  court  of  record  in  the 
State,  but  on  the  recovery  by  the  plaintiff  iu  such  case  for  a  sum  less  than  fifty  dol- 
lars, the  plaintiff  shall  only  be  entitled  to  costs  to  amount  equal  to  the  amount  of 
such  recovery.  It  shall  be  the  duty  of  th(;  prosecuting'  attorney  of  the  respective 
counties  of  this  State,  and  they  are  hereby  required,  to  prosecute  or  commence  action 
in  the  name  of  the  State  of  Ohio  for  the  recovery  of  the  penalties  allowed  herein, 
upon  receiving  proper  information  thereof,  and  in  actions  brought  by  such  i^rosecut- 
ing  attorney,  one  half  of  the  penalty  recovered  shall  belong  to  and  be  paid  over  to 
the  person  or  persons  giving  the  information  upon  which  the  action  is  brought,  and 
the  other  one-half  shall  be  paid  to  the  treasurer  of  the  county  in  which  such  action 
is  brought,  within  thirty  days  from  the  time  of  its  collection,  and  such  money  shall 
be  placed  to  the  credit  of  the  poor  fund  of  the  town,  city,  or  township  in  which  tlie 
cause  of  action  arose,  after  paying  theretroiu  a  reasonable  attorney  fee  to  the  prose- 
cuting attorney  prosecuting  such  suit,  to  be  fixed  and  allowed  by  the  court  trying 
such  cause.  All  judgments  recovered  in  pursuance  of  the  provisions  of  this  act, 
with  interest  thereon,  may  be  collected  and  enforced  by  the  same  means  and  iu  the 
same  manner  as  judgments  in  other  cases.  Two  or  more  penalties  may  be  included  iu 
the  same  action. 

Sec.  6.  The  provisions  of  this  act  shall  not  apply  to  medicated  wines  such  as  are 
put  up  and  sold  for  medicinal  purposes  only;  nor  to  currant  wine  or  other  wiues 
made  from  fruits,  other  than  grapes,  which  are  x)lainly  labeled,  or  branded,  or  des- 
ignated and  sold,  or  offered  for  sale  under  names  including  the  word  wine,  but  also  ex- 
pressing distinctly  the  fruit  from  w^hich  they  are  made,  as  gooseberry  wine,"  "elder- 
berry wine,"  or  the  like. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  September  first 
next  following  its  passage. 

Elbert  L.  Lampson, 
Speaker  of  the  House  of  Bepresentatives. 
Wm.  C.  Lyon, 

President  of  the  Senate. 

Passed  March  14,  1889. 

[House  Bill  Xo.  70.] 

AN  ACT  to  prevent  deception  in  the  sale  of  dairy  products  and  to  preserve  the  public  health. 

Be  it  enacted  hy  the  general  assemhly  of  the  State  of  Ohio,  That  no  person,  by  himself 
or  his  agent,  or  his  employ^,  shall  render  or  manufacture  for  sale  out  of  any  animal 
or  vegetable  oils,  not  produced  from  unadulterated  ndlk  or  cream  from  the  same,  any 
article  in  imitation  or  semblance  of  natural  butter  or  cheese  produced  from  pure  un- 
adulterated milk  or  cream  from  the  same,  nor  compound  with,  or  add  to  milk,  cream, 
or  butter  any  acids  or  other  deleterious  substance,  or  animal  fats  or  animal  or  vegetable 
oils  not  produced  from  milk  or  cream,  so  as  to  produce  any  article  or  substance,  or 
any  human  food,  in  imitation  or  semblance  of  natural  butter  or  cheese,  nor  shall  sell, 
keep  for  sale,  or  offer  for  sale  any  article,  substance,  or  compound  made,  manufactured, 
or  produced  in  violation  of  the  provisions  of  this  section,  whether  such  article,  sub- 
stance, or  compound  shall  be  made  or  produced  in  this  State  or  elsewhere. 


138 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


Sec,  2.  For  the  purpose  of  this  act  the  terms  "  natural  butter  aud  cheese,"  "natural 
butter  or  cheese  produced  from  pure  unadulterated  milk  or  cream  from  the  same, 
butter  and  cheese  made  from  unadulterated  milk  or  cream,  butter,  or  cheese,  nor 
product  of  the  dairy,"  and  butter  or  cheese  shall  be  understood  to  mean  the  products 
usually  known  by  the  terms  butter  and  cheese,  and  which  butter  is  manufactured 
exclusively  from  pure  milk  or  cream  or  both,  with  salt  and  with  or  without  any 
harmless  coloring  matter,  and  which  cheese  is  manufactured  exclusively  from  pure 
milk  or  cream  or  both,  with  salt  and  rennet,  and  with  or  without  any  harmless  col- 
oring matter  or  sage.  It  is  further  provided  that  nothing  in  this  act  shall  be  con- 
strued to  prohibit  the  manufacture  or  sale  of  oleomargarine,  ma  separate  and  distinct 
form,  mid  in  such  manmr  as  will  advise  the  consumer  of  its  real  character,  free  from  any 
coloring  matter  or  other  ingredient  causing  it  to  look  lilce  or  to  appear  to  he  hutter,  as 
above  defined. 

Sec.  3.  Whoever  violates  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred,  or  not  less  than  six  mouths  nor  more  than  one  year's  imprisonment,  for 
the  first  offense,  and  by  imprisonment  for  one  year  for  each  subsequent  offense. 
Sec.  4.  This  act  shall  take  effect  from  and  after  the  first  day  of  May,  1890. 

A.  C.  Robeson, 
Speaker  pro  tern,  of  the  House  of  Eepresentatives. 

William  V.  Marquis, 

President  of  the  Senate. 

Passed  March  7,  1890. 

OREGON. 

Ac^  ACT  to  prevent  the  production  and  sales  of  nnwholesorae  foods  and  to  regulate  sales  of  adulter- 
ated foods,  drinks,  and  medicines. 

Be  it  enacted  by  the  legislative  assembly  of  the  State  of  Oregon,  It  shall  be  unlawful 
for  any  person  or  persons  to  sell  or  exchange,  or  expose  for  sale  or  exchange,  any  un- 
wholesome, unclean,  tainted,  or  diseased  foods  of  any  kind  whatever. 

Sec.  2.  No  person  or  persons  shall  sell  or  exchange,  or  expose  for  sale  or  ex- 
change, or  have  in  his  or  their  possession  for  sale  or  exchange,  any  adulterated  food, 
drink,  or  medicine,  unless  the  same  shall  be  plainly  marked  so  as  to  establish  its 
true  character  and  distinguish  it  from  pure  articles  of  foods,  drinks,  or  medicines ; 
and  in  any  public  dining  or  eating  room  where  adulterated  foods  or  drinks  are  used, 
the  bill  of  fare  shall  state  the  fact  in  the  same  sized  type  as  is  used  in  printing  the 
body  of  said  bill  of  fare,  or  if  no  bill  of  fare  is  used,  then  and  in  that  case  printed 
notice  thereof  shall  be  posted  in  a  conspicuous  place  in  said  dining  or  eating  room  so 
as  to  be  easily  seen  by  anyone  entering  such  room,  in  which  notice  shall  be  stated 
in  large  letters  the  fact  that  adulterated  foods  and  drinks  are  being  used  for  foods  or 
for  foods  and  drinks. 

Sec.  3.  When  cows  are  kept  by  any  person  for  dairy  purposes,  either  for  butter  or 
cheese,  or  for  the  production  of  milk  or  cream  for  sale,  and  are  confined  in  stables, 
such  cows  so  confined  shall  be  allowed  at  least  eight  hundred  cubic  feet  each  of  air, 
and  such  cows  so  stabled  shall  not  be  confined  facing  each  other,  unless  there  sh;ill 
be  an  air-tight  partition  between  such  cows  at  least  four  feet  in  height,  and  ail 
stables  where  such  cows  are  kept  shall  be  well  ventilated  and  kept  in  a  good  healthy 
[healthful]  condition. 

Sec.  4.  Whosoever  violates  any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  thirty  days  nor  more  than  six  months. 

Sec.  5.  If  any  person  or  persons  shall  have  purchased  foods,  drinks,  or  medicines, 
believing  them  to  be  pure  and  unadulterated,  which  shall  prove  by  analyses  to  be 
adulterated,  such  person  or  persons  shall  not  be  deemed  guilty  under  this  act :  Pro- 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


139 


vided,  That  such  person  or  persons  pay  to  the  food  commissioner  the  price  of  any 
analysis  or  analyses  that  said  commissioner  shall  have  paid  to  determine  the  quality 
of  such  foods,  drinks,  or  medicines,  as  the  case  may  be,  and  who  shall,  after  being 
informed  of  such  adulteration,  at  once  mark  the  same  as  required  by  section  2  of  this 
act. 

Sec.  6.  An  article  of  food  or  drink  or  medicine  is  deemed  to  be  adulterated  within 
the  meaning  of  this  act,  when  : 

(1)  Any  substance  or  substances  have  been  mixed  with  it  so  as  to  reduce  or  lower 
or  injuriously  aifecfc  its  quality  or  strength. 

(2)  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  it. 

(3)  If  any  valuable  constituent  has  been  wholly  or  in  part  abstracted  from  it. 

(4)  If  it  is  an  imitation  of  or  is  sold  under  the  name  of  another  article. 

(5)  If  it  consists  wholly  or  in  part  of  a  diseased,  decomposed,  putrid,  or  rotten  ani- 
mal or  vegetable  substance,  whether  manufactured  or  not,  or  in  the  case  of  milk,  if 
it  is  the  manufactured  product  of  a  diseaeed  animal. 

(6)  If  it  is  colored,  coated,  polished,  or  powdered,  whereby  damage  is  concealed,  or 
if  it  is  made  to  appear  better  or  of  greater  value  than  it  really  is :  Provided,  however, 
That  salt  and  annetto  or  butter  color,  in  which  annetto  is  the  principal  ingredient, 
shall  not  be  considered  an  adulteration  when  used  in  dairy  products. 

(7)  If  it  contains  any  added*  poisonous  ingredient  which  may  render  if,  injurious  to 
the  health  of  a  person  consuming  it. 

Sec.  7.  The  legislative  assembly  at  each  regular  session  thereof,  when  assembled 
in  joint  convention,  shall  elect  a  commissioner  who  shall  be  known  as  the  Oregon 
State  food  commissioner,  who  shall  hold  his  office  for  the  term  of  two  years,  or  until 
his  successor  is  elected  and  qualified,  who  shall  qualify  within  thirty  days  from  the 
time  of  his  election  by  taking  and  filing  an  oath  to  faithfully  perform  the  duties  of 
said  office  with  the  secretary  of  State,  and  shall  receive  for  his  salary  the  sum  of  ten 
hundred  dollars  per  year  and  his  actual  traveling  expenses  and  expenses  incurred  in 
the  discharge  of  the  duties  of  his  said  office,  and  said  commissioner  shall  be  elected 
as  aforesaid  at  any  time  before  the  final  adjournment  of  the  present  legislature. 

The  said  commissioner  shall  establish  his  office  in  the  city  of  Portland,  in  this  State, 
and  shall,  upon  complaint  being  made  by  any  citizen  of  the  State  of  Oregon,  or  with- 
out it,  if  in  his  opinion  necessary,  examine  into  any  case  of  violation  or  of  supposed 
violation  of  the  provisions  of  this  act  or  any  of  them. 

Sec.  8.  It  shall  be  the  duty  of  the  chemist  of  the  State  Agricultural  College  to  cor- 
rectly analyze  any  and  all  substances  the  said  commissioner  may  send  him  for  the 
purpose  of  carrying  out  the  provisions  of  this  act. 

Sec.  9.  The  said  commissioner,  and  such  experts  and  chemists  or  agents  as  he  shall 
duly  authorize  for  the  purpose,  shall  have  access  to,  egress  and  ingress  to  all  places 
of  business,  factories,  stores,  farm  buildings,  carriages,  cars,  vessels,  and  implements 
used  in  the  manufacture,  production,  or  sale  of  any  foods,  drinks,  or  medicines;  and, 
they  shall  also  have  power  and  authority  to  open  any  package,  case,  or  vessel  con- 
taining such  articles  which  may  be  manufactured,  sold,  or  exposed  for  sal^. 

Sec.  10.  Said  commissioner  shall  keep  a  full  and  correct  account  of  all  business 
done  by  him  or  his  experts,  chemists,  or  agents,  and  report  the  same  to  the  legisla- 
ture. 

Sec.  11.  The  doing  of  anything  prohibited  being  done  and  the  jiot  doing  of  any- 
thing directed  to  be  done  by  this  act  shall  be  x>resumptive  evidence  of  wilful  intent 
to  violate  the  different  sections  thereof. 

Sec.  12.  In  all  prosecutions  under  this  act  the  fine  or  fines  collected  shall  go  to  the 
common  school  fund  in  the  county  where  the  suit  of  action  is  instituted. 

Sec.  13.  In  all  prosecutions  under  the  provisions  of  this  act  relating  to  the  sale  of 
diseased  foods  or  that  which  is  unclean,  impure,  or  unhealthy ;  milk  drawn  from 


*Added  should  have  been  left  out. 


140 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


C0W3  for  fifteen  days  next  before  and  five  days  nest  after  parturition,  or  from  cows 
fed  on  brewers'  grains,  commonly  called  "'brewers'  waste  of  malt,"  shall  be  deemed 
and  declared  unclean,  impure,  and  unwholesome  milk  :  Provided  furihei',  That  anyone 
who  shall  use  the  box  or  boxes  or  cans  used  by  any  creamery  or  dairyman  for  the 
purpose  of  selling  the  butter  of  any  other  creamery  or  dairyman  shall  be  subject  to 
any  or  all  fines  provided  for  in.  this  act. 

Sf.c.  14.  Chapter  XXXYI  of  the  miscellaneous  laws  of  ttie  State  of  Oregon,  as  com- 
piled and  annotated  by  ^Y.  Lair  Hill,  is  hereby  repealed. 

Approved  February  25,  1889. 

PENNSYLYANIA. 

LIQUORS. 

237.  It  shall  be  unlawful  for  any  person  or  persons  to  make  use  of  any  active  poison 
or  deleterious  drugs  in  auy  quantity  or  quantities  in  the  manufacture  or  preparation 
by  process  of  rectifying,  or  otherwise,  of  auy  intoxicating  malt  or  alcoholic  liquors, 
or  for  any  person  or  persons  to  knowingly  sell  such  poisoned  or  drugged  liquors  in 
any  quantity  or  quantities ;  and  any  person  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor. 

238.  It  shall  be  the  duty  of  any  person  or  persons  engaged  in  the  manufacture  or 
sale  of  intoxicating  malt  or  alcoholic  liquors,  or  in  rectifying  or  preparing  the  same 
in  any  way,  to  brand  on  each  barrel,  cask,  or  vessel  containing  the  same,  the  name 
or  names  of  the  person  or  persons  manufacturing,  rectifying,  or  preparing  the  same, 
and  also  the  words,  ''containing  no  deleterious  drugs  or  added  poison,"  and  shall  also 
certify  the  same  fact  or  facts  to  the  purchaser  over  his,  her,  or  their  own  proper  sig- 
niture. 

239.  If  any  barrel,  cask,  or  other  vessel  containing  any  such  drugged  or  poisoned 
liquor  shall  be  found  in  the  possession  of  any  person  or  persons  designated  in  sections 
one  and  two  it  shall  be  deemed  prima  facie  evidence  of  a  violation  of  the  provisions  of 
this  act. 

240.  Any  suspected  article  or  specimen  of  intoxicating  malt  or  alcoholic  liquor  shall 
be  subject  to  analysis  by  some  competent  person  to  perform  the  same  under  the  direc- 
tion of  the  court  before  which  the  case  is  tried,  and  sucb  analysis  duly  certified  under 
oath  shall  be  deemed  legal  evidence  in  any  court  in  this  State  :  Providtd,  That  upon 
any  preliminary  examination  before  any  justice  of  the  peace,  mayor,  or  other  magis- 
trate, or  competent  authority,  for  the  purpose  of  binding  over,  such  officer  under  the 
inspection  aforesaid  to  be  made  and  make  such  order  as  may  be  necessary  to  preserve 
the  evidence  of  the  oftence  until  the  trial  of  the  offender. 

241.  Any  person  ofl:endiug  against  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  sentenced  to  pay  a  fine, 
not  exceeding  five  hundred  dollars,  and  to  undergo  an  imprisonment  not  exceeding 
twelve  months,  or  both,  or  either,  in  the  discretion  of  the  court. 

242.  In  all  actions  for  the  sale  of  any  spirituous,  vinous,  or  malt  liquors,  or  any 
admixture  thereof,  it  shall  be  competent  for  the  defendant,  in  every  such  case,  to 
prove  that  such  liquors  or  admixture  thereof  were  impure,  vitiated,  or  adulterated  ; 
and  proof  thereof  being  made,  shall  amount  to  a  good  and  legal  defence  to  the  whole 
of  the  plaintiff's  demand. 

243.  [Special  provision  for  Allegheny  County  practically  identical  with  the  above.  ] 

244.  Any  and  all  persons  engaged  in  the  business  of  brewing  or  manufacture  of  ale, 
beer,  or  other  malt  liquors,  or  in  the  fermentation,  distillation,  or  manufacture  of  auy 
vinous  or  spirituous  liquors,  be  and  they  are  hereby  prohibited  making  use,  in  or 
about  such  business,  or  i7i  any  such  process  of  brewing,  fermentation,  distillation,  or 
manufacture,  of  any  poisonous  or  deleterious  drugs  or  chemicals,  or  any  impure  or 
injurious  materials,  or  such  as  are  prejudicial  to  the  public  health,  or  the  health  of 
any  person  drinking  or  making  use  of  such  malt,  vinous,  or  spirituous  liquors. 


LAWS  KELATING  TO  FOODS  AND  BEVERAGES. 


141 


245.  [The  violation  of  the  lirst  section  of  this  act  is  declared  to  be  a  misdemeanor, 
punishable  by  a  line  of  one  thousand  dollars  and  by  an  imprisonment  of  not  more 
than  one  year.] 

FOOD  ADULTERATION. 

'JOO.  If  any  person  or  persons  shall  adulterate  or  mix  any  improper  and  unwhole- 
some ingredient  in  any  flour  of  which  bread  shall  be  made  as  aforesaid,  every  such 
person  or  persons,  being  thereof  legally  convicted  before  any  magistrate  or  justice  of 
the  city,  borough,  or  county  where  such  bread  shall  be  so  made,  sold,  or  exposed  to 
sale,  who  is  hereby  authorized  aud  empowered  to  hear,  try,  and  determine  the  same, 
shall  forfeit  and  pay  the  sum  of  live  pounds  for  every  such  offense. 

201.  Relates  to  forestalling  the  market. 

202.  It  shall  not  be  lawful  for  any  butcher  or  other  person  to  expose  for  sale  any 
tainted  or  unwholesome  meat  or  fish,  or  any  veal  less  than  three  weeks  old  when 
killed  in  any  of  the  market  houses  or  other  i)laces  for  vending  meat  in  any  of  the 
cities  or  boroughs  in  the  several  counties  of  this  Commonwealth,  under  a  penalty  of 
ten  dollars  for  each  offence,  to  be  recovered  as  other  penalties  are  recoverable  before 
any  alderman  or  justice  of  the  peace;  one-half  of  said  penalty  to  go  to  the  informer 
and  the  other  half  for  the  benefit  of  the  poor. 

203.  If  any  person  shall  sell  or  expose  for  sale  the  flesh  of  any  diseased  animals,  or 
any  other  unwholesome  flesh,  knowing  the  same  to  be  diseased  or  unwholesome,  or 
sell  or  expose  for  sale  unwholesome  bread,  drink,  or  liquor  knowing  the  same  to  be  un- 
wholesome ;  or  shall  adulterate  for  the  purpose  of  sale,  or  sell  any  flour,  meal,  or 
other  article  of  foods,  any  wine,  beer,  spirits  of  any  kind,  or  other  liquor  intended 
for  drinking,  kuowing  the  same  to  be  adulterated;  or  shall  adulterate  for  sale,  or 
eliall  sell,  knowing  the  same  to  be  adulterated,  any  drugs  or  medicines,  such  person 
60  offending  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  be  sentenced  to 
pay  a  fine  not  exceeding  one  hundred  dollars  or  undergo  an  imprisonment  not  exceed- 
ing six  months,  or  both,  or  either,  at  the  discretion  of  the  court. 

204.  If  any  person  shall  manufacture  for  sale,  or  sell  or  offer  to  sell  any  candy  or 
confectionery  adulterated  by  the  mixture  of  terra  alba,  barytes,  talc,  or  other  min- 
eral substances,  or  by  poisonous  colors  or  flavors,  or  other  ingredients,  deleterious  or 
detrimental  to  health,  knowing  the  same  to  be  so  adulterated,  such  person  so  offend- 
ing shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  be  senten<;ed  to  pay  a  fine 
not  exceeding  one  hundred  dollars  nor  less  than  fifty  dollars  aud  the  candy  or  confec- 
tionery so  adulterated  shall  be  forfeited  and  destroyed  by  the  order  of  the  court. 

205.  If  any  candy  or  confectionery  adulterated  in  violation  of  the  first  section  of 
this  act  shall  be  found  in  the  possession  of  any  manufacturer,  or  merchant,  or  dealer, 
it  shall  be  deemed  prima  facie  evidence  that  the  same  is  oft'ered  for  sale  aud  that  the 
person  having  it  in  possession  knew  that  the  same  was  so  adulterated. 

2^*6.  No  action  shall  be  maintained  or  recovery  had  in  any  case  for  the  value  of 
any  candy  or  coufectiouery  which  may  have  been  adulterated  as  specified  in  the  first 
section  of  this  act,  and  it  shall  be  competent  for  the  defendant  in  every  such  case  to 
prove  that  the  candy  or  confectionery  was  so  adulterated,  and  proof  thereof  being 
so  made  shall  amount  to  a  good  and  legal  defense  to  the  whole  of  the  plaintiff's  claim 
therefor. 

207.  Relates  to  sale  of  oysters  during  June,  July,  and  August,  which  it  prohibits. 

DAIRY  PRODUCTS. 

216.  Any  person  or  persons  w^ho  shall  knowingly  sell  or  exchange  any  impure,  adul- 
terated, or  unwholesome  milk  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars  for  each  aud  every 
offense  ;  and  if  the  fine  be  not  paid,  shall  be  imprisoned  for  not  less  than  fifteen  days, 
or  until  said  fine  shall  be  paid, 

217.  Any  person  who  shall  adulterat*^  milk  with  the  view^  of  offering  the  same  for 


142 


LAWS  RELATING  TO  FOODS  AXD  BEVERAGES. 


sale  or  excliange.  shall  he  deemed  guilty  of  misdemeanor,  and  on  conviction  shall  be 
punished  by  a  iine  of  not  less  than  ten  dollars  for  each  and  every  oiience  :  and  if  the 
fine  be  not  paid,  shall  be  imx)risoued  for  not  less  than  eight  days,  or  until  said  tine  is 
paid. 

*2'2'J.  The  addition  of  ^ater  or  of  ice  to  milk  is  hereby  declared  an  adulteration  ; 
any  milk  obtained  from  animals  fed  on  distillery  vraste,  or  any  substance  in  a  state 
of  putrefaction,  is  hereby  declared  to  be  impure  and  unvrholesome. 

•223.  AVhoever,  by  himself,  or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of 
any  other  person,  sells,  exchanges,  or  delivers,  or  has  in  his  custody  or  possi'ssion, 
with  intent  to  sell  or  exchange,  or  exposes  or  offers  for  sale  as  pure  milk  any  milk 
from  wiiich  the  cream  or  any  part  thereof  has  been  removed  shall,  for  sitch  offense, 
be  punished  by  penalty  provided  in  section  22'2.* 

230.  Xo  person,  firm,  or  corporate  body  shall  manufacture  out  of  any  oleaginous 
8ub>tance  or  any  compound  of  the  same,  other  than  the  product  from  uuadultered 
milk  or  of  cream  from  the  same,  any  article  designed  to  take  the  place  of  butter 
or  chet  se  produced  from  pure  unadulterated  milk  or  cream  from  the  same,  or  of 
any  imitation  or  adulterated  butter  or  cheese,  nor  shall  sell  or  offer  for  sale,  or 
have  m  his.  her,  or  their  possession  with  intent  to  sell  the  same  as  an  article  of  food. 

231.  Every  sale  of  such  article  or  substance,  which  is  prohibited  by  the  first  sec- 
tion of  this  act.  made  after  this  act  shall  take  effect,  is  hereby  declared  to  be  unlaw- 
ful and  void  and  no  action  shall  be  maintained  in  any  of  the  courts  of  this  State  to 
recover  upon  any  contract  for  the  sale  of  any  such  article  or  substance. 

232.  Every  person,  company,  firm,  or  corporate  body  who  shall  manufacture,  sell, 
or  off'er  or  expose  for  sale,  or  have  in  his,  her,  or  their  possession  with  intent  to  sell, 
any  substance,  the  manufacture  and  sale  of  which  is  prohibited  l)y  the  first  section 
of  this  act.  shall,  for  every  such  offense,  forfeit  and  pay  the  sum  of  one  hundred  dol- 
lars, which  shall  be  recovered  with  costs  by  any  person  suing  in  the  name  of  the 
Commonwealth  as  debts  of  like  amount  are  by  law  recoverable  ;  one-half  of  v.  hich 
sum,  when  so  recovered,  shall  be  paid  to  the  projier  cotiuty  treasurer  for  the  use  of 
the  county  in  which  stiit  is  brought,  and  the  other  half  to  the  person  or  persons  at 
whose  instance  such  a  suit  shall  or  may  be  commenced  and  prosecuted  to  recovery. 

233.  Every  person  who  violates  the  provisions  of  the  first  section  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars,  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  nor  more  than  thirty  days,  or 
both,  such  fine  and  imprisonment  for  the  first  offense,  and  imprisonment  for  one  year 
for  every  subsequent  offense. 

ACTION  OF  THE  COURTS. 

This  act  was  declared  constitutional  by  tiie  Supreme  Court,  January  3,1887.  The  act  regulating 
the  manufacture  and  sale  of  olecmarcrarine,  hereby  repealed,  was  that  of  24  May.  18S3.  P.  L.,  43,  P. 
D..  230. 

The  act  of  May  21,  1SS5,  P,  L.,  22.  prohibiting  the  manufacture  and  sale  of  oleomargarine,  or  the 
keepingthe  same  with  intent  tosell.  falls  within  the  police  powerof  the  State,  which  may  be  prescribed 
to  be  the  power  vested  in  the  legislature  by  the  Constitution  to  mate,  ordain,  ami  establish  all  manner 
of  wholesome  and  reasonable  laws,  statutes,  and  ordinances,  either  with  penaliies  or  without,  not  re- 
pugnant to  the  Constitittion.  as  they  shalljudge  to  be  for  the  good  and  welfare  of  the  Commonwealth, 
and  thr  people  of  the  same. 

Th:-  icst  uf  the  reasonableness  of  a  police  regulation  prohibiting  the  making  and  vending  of  a  partic- 
uhir  ..nicle  ef  food,  is  not  alone  whether  it  is  in  part  unwholesome  or  injurious.  If  an  article  of  food 
is  of  -u  li  :i  character  that  few  persons  will  eat  it,  knowing  its  real  c  haracter,  if  at  the  same  time  it 
:s  ot  nature  that  it  can  be  imposed  upon  the  public  as  an  article  of  food  which  is  in  common  use, 
and  a.Miust  which  there  is  no  prejudice  :  and  in  addition  to  this,  there  is  piouable  ground  for  believing 
that  tiie  only  way  to  prevent  the  public  being  defrauded  into  purchasing  the  counterfeit  article  from 
the  genuine  is  to  prohibit  altogether  the  manufacture  and  sale  of  the  former,  then  such  a  prohibition 
may  stand  as  a  reasonable  police  regulation,  although  the  article  prohibited  is  in  fact  innocuous,  and 
although  its  production  might  be  found  bouLtirial  to  the  public,  if  in  buying  it  they  could  distingaish 

*Fme  of  not  less  than  $20  or  more  than  siuo. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


143 


it  from  the  production  of  whicli  it  is  the  imitution.  The  fact  that  scientific  experts  may  pronounce  a 
manufactured  article  intended  for  human  food  to  be  wholesome,  and  in  a  pure  state  good  for  food,  does 
not  render  it  incompetent  for  the  legislature  to  prohibit  the  manufacture  aod  sale  of  the  article,  if  in 
the  judgment  of  the  legislature,  and  not  of  the  courts,  it  be  necessary  to  the  protection  of  tho  lives, 
health,  and  property  of  the  citizens,  and  to  the  presevation  of  good  order  and  the  public  morals.  The 
act  of  21  May.  1885,  is  not  in  conflict  with  amendment  XIV  of  the  Constitution  of  the  United  States. 
Powell  V.  Commonwealth,  114  Pa.  St.,  265.  See  dissenting  opinion  of  Justice  Gordon,  in  same  case. 

VIRGINIA. 

EXTRACTS  FROM  REVISED  STATUTES,  CODE  1887. 

Sec.  3811.  Selling  uusound  provisions,  liow  punished  :  If  any  person  knowingly 
sell  any  diseased,  corrupted,  or  unwholesome  provisions,  whether  meat  or  drink, 
without  making  the  same  known  to  the  buyer,  he  shall  be  confined  in  jail  not  exceed- 
ing six  months,  and  fined  not  exceeding  one  hundred  dollars. 

Sec.  .3812.  Adulterating  food,  drink,  or  medicine,  how  punished :  If  any  person 
fraudulently  or  knowingly  adulterate,  for  the  purpose  of  sale,  any  drug  or  medicine, 
or  any  article  of  food  or  drink,  with  any  substance  that  may  be  injurious  to  health, 
or  with  barytes  or  any  substance  intended  to  increase  the  weight  or  quantity  of  such 
food  or  drink,  he  shall  be  confined  in  jail  not  exceeding  one  year,  and  fined  not  ex- 
ceeding five  hundred  dollars;  and  the  adulterated  articles  shall  be  forfeited  and 
destroyed. 

Virginia  also  has  a  law  regulating  the  sale  of  oleomargarine. 

WISCONSIN. 

DAIUY  AND  FOOD  COMMISSIONER. 

[CHAPTER  452,  Laws  of  1889.] 

Sec.  1.  The  office  of  dairy  and  food  commissioner  for  the  State  of  Wisconsin  is 
hereby  created.  Such  commissioner  shall  be  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate,  and  his  term  of  office  shall  be  for  two  years 
from  the  date  of  his  appointment  and  until  his  successor  is  appointed  and  qualified; 
provided,  that  the  term  of  office  of  the  commissioner  first  appointed  under  this 
act  shall  expire  on  the  first  Monday  in  February,  1891,  and  vacancies  occurring  in  the 
office  for  any  cause  shall  be  fijled  by  appointment  for  the  balance  ot  the  unexpired 
term.  The  salary  of  the  commissioner  shall  be  twenty-fiv^e  hundred  dollars  per  an- 
num and  his  necessary  and  actual  expenses  incurred  in  the  discharge  of  his  official 
duties. 

Sec.  2.  Such  commissioner  may,  with  the  consent  and  advice  of  the  governor,  ap- 
point two  assistants,  each  of  acknowledged  standing,  ability,  and  integrity,  one  of 
whom  shall  be  an  expert  in  the  matter  of  dairy  products,  and  the  other  of  whom 
shall  be  a  practical  analytical  chemist.  The  salaries  of  such  assistants  shall  not  ex- 
ceed eighteen  hundred  dollars  each  per  annum  and  their  necessary  and  actual  expenses 
incurred  in  the  discharge  of  their  official  duties. 

Sec.  3.  It  shall  be  the  duty  of  the  commissioner  to  enforce  all  laws  that  now  exist, 
or  that  may  hereafter  be  enacted  in  this  State,  regarding  the  production,  manufacture, 
or  sale  of  dairy  products,  or  the  adulteration  of  any  article  of  food  or  drink  or  of  any 
drug ;  and  personally  or  by  his  assistants  to  inspect  any  article  of  milk,  butter,  cheese, 
lard,  syrup,  coftee,  or  tea,  or  other  article  of  food  or  drink  or  drug,  made  or  offered 
for  sale  within  this  State  which  he  may  suspect  or  have  reason  to  believe  to  be  im- 
pure, unhealthful,  adulterated,  or  counterfeit,  and  to  prosecute,  or  cause  to  be  prose- 
cuted, any  person  or  persons,  firm  or  firms,  corporation  or  corporations,  engaged  in 
the  manufacture  or  sale  of  any  adulterated  or  counterfeit  article  or  articles  of  food 
or  drink  or  drug,  contrary  to  the  laws  of  this  State. 

Sec.  4.  Said  commissioner  or  any  assistant  shall  have  power  in  the  performance  of 
his  official  duties  to  enter  into  any  creamery,  factory,  store,  salesroom,  or  other  place 


144 


LAWS  RELATIXG  TO  FOODS  AND  BEVEEAGES. 


or  building  Tvhere  he  has  reason  to  believe  that  any  food  or  drink  or  drug  is  made, 
prepared,  sold,  or  offered  for  sale,  and  to  open  any  cask,  tub,  package,  or  receptacle 
of  any  kind  containing,  or  supposed  to  contain,  any  such  article,  and  to  examine  or 
cause  to  be  examined  and  analyzed  the  conteuts  thereof,  and  the  commissioner  or  any 
of  his  assistants  may  seize  or  take  any  article  of  food  or  drink  or  drug  for  analysis, 
but  if  the  person  from  ^yhom  such  sample  is  taken  shall  request  him  to  do  so  he  shall 
at  the  same  time,  and  in  the  presence  of  the  person  from  whom  such  property  is 
taken,  securely  seal  up  two  samples  of  the  article  seized  or  taken,  the  one  of  which 
shall  be  for  examination  or  analysis  under  the  direction  of  the  commissioner,  aud 
the  other  of  which  shall  be  delivered  to  the  person  from  whom  the  articles  were 
taken.  And  any  person  who  shall  obstruct  the  commissioner  or  any  of  his  assistants 
by  refusing  to  allow  him  entrance  to  any  place  which  he  desires  to  enter  in  the  dis- 
charge of  his  ofhcial  duty,  or  who  refuses  to  deliver  to  him  a  sample  of  any  article  of 
food  or  drink  or  drug  made,  sold,  ol^ered.  or  exposed  for  sale  by  such  person,  when 
the  same  is  requested  and  when  the  value  thereof  is  tendered,  shall  be  deemed  guilty 
of  a  misdemeanor  punishable  by  a  line  of  not  exceeding  twenty-five  dollars  for  the 
first  offense  and  r.ot  exceeding  five  hundred  dollars  or  less  than  fifty  dollars  for  each 
subsequent  otfense. 

Sec.  5.  It  shall  be  the  duty  of  the  district  attorney  in  any  county  of  the  State, 
v.  heu  called  upon  by  the  commissioner  or  any  of  his  assistants,  to  render  any  legal  as- 
sistance in  his  power  to  execute  the  laws,  aud  to  prosecute  cases  arising  under  the 
provisions  of  this  act,  and  all  fines  and  assessments  collected  in  any  prosecution  begun 
or  caused  to  be  begun  by  said  commissioner  or  his  assistants  shall  be  paid  into  the 
State  treasury. 

Sec.  6.  "With  the  consent  of  the  governor,  the  State  board  of  health  may  submit 
to  the  '"commissioner,  or  to  any  of  his  assistants,  samples  of  water  or  of  food  or  drink 
or  drugs  for  examination  or  analysis,  and  receive  special  reports  showing  the  result 
of  such  examinations  or  analysis.  And  the  governor  may  also  authorize  the  com- 
missioner or  his  assistants,  when  not  otherwise  employed  in  the  duties  of  their  offici-'S, 
to  render  such  assistance  in  the  farmers'  institutes,  dairy  and  farmers'  conventions, 
and  the  agricultural  department  of  the  university,  as  shall  by  the  authorities  be 
deemed  advisable. 

Sec.  7.  The  salaries  of  the  commissioner  a!id  his  assistants  shall  be  paid  out  of 
the  State  treasury  in  the  same  manner  as  the  salaries  of  other  ofdcers  are  paid,  and 
their  othcial  expenses  shall  be  paid  at  the  end  of  each  calendar  month  upon  bills 
duly  itemized  and  approved  by  the  governor,  aud  the  amotmt  necessary  to  pay  such 
salaries  and  expenses  is  hereby  appropriated  annually. 

Sec.  8.  The  commissioner  may,  under  the  direction  of  the  governor,  fit  up  a  labora- 
tory, with  sufficient  apparatus  for  making  tlie  analysis  contemplated  in  this  act,  and 
for  such  purpose  the  sum  of  fifteen  hundred  dollars,  or  so  much  thereof  as  maybe 
necessary,  is  hereby  appropriated,  and  for  the  purpose  of  providing  materials  and  for 
other  necessary  expenses  connected  with  the  making  of  such  analyses  there  is  also 
hereby  appropriated  so  much  as  maybe  necessary,  not  exceeding  six  hundred  dollars 
annually.  The  appropriations  i^rovided  for  in  this  section  shall  be  drawn  from  the 
State  treasury  upon  the  certificates  of  the  governor. 

Sec.  9.  Said  commissioner  shall  be  f  urnishcj  a  suitable  olfice  in  the  capitol,  at 
Madison,  and  shall  make  an  annual  report  to  the  governor,  which  shall  contain  an 
itemized  account  of  ail  expenses  incurred  and  fines  collected,  with  such  statistics 
and  other  information  as  he  may  regard  of  A'alue,  and  with  the  consent  of  the  gov- 
ernor, not  exceeding  twenty  thousand  copies  thereof,. limited  to  three  hundred  pages, 
may  be  published  annually  as  other  official  reports  are  published,  aud  of  which  five 
thousand  copies  shall  be  bound  in  cloth. 

Sec,  10.  All  acts  and  parts  of  acts  conflicting  with  this  act  are  hereby  repealed. 

Sec.  11.  This  act  shall  take  effect  aud  be  in  force  from  aud  after  its  passage  and 
publication. 

Approved  April  16,  L589. 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


145 


[Note  to  section  4,  supra.— If  there  is  contradictory  evidence  concerning  the 
sufficiency  of  the  seal  of  a  sample,  and  the  credibility  of  the  witnesses  for  the  prose- 
cution is  submitted  to  the  jury  the  defendant  is  not  injured.  If  there  is  evidence 
that  a  few  drops  of  carbolic  acid  was  added  to  a  sample  of  milk,  and  it  is  submitted 
to  the  jury  as  a  question  of  fact  whether  this  would  change  the  character  of  the  milk, 
make  the  analysis  impossible  or  difficult,  or  in  any  way  injuriously  affect  the  sample 
for  the  purpose  of  analysis,  the  defendant  has  no  cause  of  complaint.  Comma nivealth 
V.  Spear,  143  Mass.,  172. 

It  is  observed  of  a  similar  statute  that  it  is  intended  to  secure  a  fair  examination 
and  analysis,  by  providing  the  defendant  with  the  means  of  making  an  analysis  of  a 
portion  of  the  same  specimen  which  the  State  has  analyzed.  If  the  sample  is  not 
saved,  or  not  saved  in  proper  condition,  he  has  no  means  of  showing  that  his  evidence, 
if  any  he  has  as  to  the  quality  of  the  milk,  applies  to  that  with  reference  to  which 
the  government  witnesses  testify.  It  can  not  be  said  that  a  portion  reserved  is 
sealed,  within  the  meaning  of  the  statute,  when  wax  is  merely  placed  on  the  top  of 
the  cork,  and  not  extended  over  the  mouth  of  the  bottle  and  thus  making  it  air- 
tight, if  it  is  shown  that  the  character  of  the  milk  will  be  affected  by  the  air.  Com- 
momveaWiY.  LocMardt,  144  Mass.,  132. 

Where  the  article  analyzed  has  not  been  taken  under  the  statute,  the  competency 
of  evidence  is  to  be  determined  by  the  common  law,  and  the  testimony  of  any  person 
who  had  sufficient  skill  to  analyze  it,  and  who  had  analyzed  some  which  had  proven 
to  have  been  sold  by  the  defendant,  is  admissible.  Commonwealth  v.  RoLt^  146  Mass., 
38.] 

PURE  MILK,  STANDARD  OF. 
[Chapter  425,  Laws  of  1889.  ] 

Sec.  1.  Any  person  who  shall  sell  or  offer  for  sale  or  furnish  or  deliver,  or  have  in 
his  possession,  with  intent  to  sell  or  offer  for  sale  or  furnish  or  deliver  to  any  cream- 
ery, cheese  factory,  corporation,  person  or  persons  whatsoever,  as  pure,  wholesome 
and  unskimmed,  any  unmerchantable,  adulterated,  impure  or  unwholesome  milk, 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  and  every  offense. 

Sec.  2.  In  all  prosecutions  or  other  xiroceediugs  under  this  or  any  other  law  of  this 
State  relating  to  the  sale  or  furnishing  of  milk,  if  it  shall  be  proven  that  the  milk  sold 
or  offered  for  sale,  or  furnished  or  delivered,  or  had  in  possession  with  intent  to  sell 
or  offer  for  sale,  or  to  furnish  or  deliver  as  aforesaid,  as  pure,  wholesome  and  un- 
skimmed, contain  less  than  three  per  centum  of  pure  butter  fat,  when  subjected  to 
chemical  analysis  or  other  satisfactory  test,  or  that  it  has  been  diluted  or  any  part 
of  its  cream  abstracted,  or  that  it  or  any  part  of  it  was  drawn  from  cows  known  to 
the  person  complained  of  to  have  been  within  fifteen  days  before  or  four  days  after 
parturition,  or  to  have  any  disease  or  ulcers  or  other  running  sores,  then  and  in 
either  case  the  said  milk  shall  be  held,  deemed,  and  adjudged  to  have  been  unmer- 
chantable and  adulterated,  impure  or  unwholesome,  as  the  case  may  be. 

Sec.  3.  All  acts  and  parts  of  acts  conflicting  with  or  contrary  to  the  provisions  of 
this  act  are  hereby  repealed. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 

Approved  April  16,  1889. 

[Note— Validity.— A  New  York  law  (chapter  183,  of  1885;  chapter  202,  of  1884) 
provides  that  "no  person  or  persons  shall  sell,  supply  or  bring  to  be  manufactured, 
to  any  butter  or  cheese  manufactory,  any  milk  diluted  with  water,  or  any  unclean, 
impure,  unhealthy,  adulterated  or  unwholesome  milk."  Held,  a  valid  exercise  of 
legislative  power.  Feople  v.  West,  106  N.  Y.,  293, 
19150— No.  32  10 


146 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


A  statute  is  not  invalid  because  it  fixes  au  arbitrary  standard  for  pure  or  unadul- 
terated milk,  though  it  is  drawn  from  healthy  cows,  and  is  sold  in  its  natural  state. 
In  People  Y.  Cippcrhj,  37  Hun.  (N.  Y.),  324,  it  was  held  otherwise,  one  judge  dissenting. 

On  appeal  this  case  was  reversed,  without  opinion,  on  the  grounds  given  in  the  dis- 
senting opinion  :  101  N.  Y.,  634.  The  supreme  court  of  New  Hampshire  say  on  this 
cjuestion  :  Practically  it  makes  no  difference  whether  milk  is  diluted  after  it  is  drawn 
from  the  cow,  or  whether  it  is  made  vratery  by  giving  her  such  food  as  will  produce 
milk  of  an  inferior  quality,  or  whether  the  dilution,  regarded  by  legislature  as  ex- 
cessive, arises  from  tlio  nature  of  a  i)articular  animal,  or  a  particular  breed  of  cattle. 
The  sale  of  such  milk  to  unsuspecting  consumers,  for  a  price  in  excess  of  its  value,  is 
a  fraud,  which  the  statute  was  designed  to  suppress.  It  is  a  valid  exercise  by  the 
legislature  of  the  police  power  for  the  prevention  of  fraud  and  protection  of  the 
public  health,  and  such  as  is  constitutional.    State  v.  Campbell,  13  Atl.  Rep.,  585.] 

[Construction— Indictment.— The  New  York  law  does  not  make  fraudulent  in- 
tent a  necessary  ingredient  of  the  offense,  and  it  would  not  be  a  reasonable  construc- 
tion of  it  to  apply  it  to  a  dairyman  who  owns  and  conducts  a  butter  or  cheese  factory 
for  the  manufacture  of  those  articles  from  milk  furnished  exclusively  by  himself, 
from  his  ow:n  cows.  If  the  defendant  is  such  a  person,  these  facts  are  matter  of 
defense,  and  their  existence  need  not  be  negatived  on  the  face  of  the  indictment. 
People  V.  West,  106  N.  Y.,  293. 

Under  a  Massachusetts  law  imposing  a  penalty  for  selling  or  offering  to  sell  "adul- 
terated milk,  or  milk  to  which  any  foreign  substance  has  been  added,"  it  is  immate- 
rial whether  the  substance  added  is  injurious  or  not.  The  indictment  need  not  allege 
the  quantity  of  such  substance.    Commomvealtky.  Scluiffner,  16  Northeast.    Rep.,  280. 

Under  an  act  w^hich  prohibits  the  sale  of  milk  which  is  not  of  a  good,  standard 
quality,  the  fact  that  the  milk  was  delivered  under  a  contract  to  furnish  the  person 
who  bought  it  with  the  milk  of  one  dairy  is  not  a  defense  if  that  furnished  was  not 
of  such  quality.  The  contract  would  be  held  to  contemplate  milk  which  should  be 
bought  and  sold.    Commonwealth  v.  Holt,  14  Northeast.    Rep.,  930. 

Where  one  is  charged  with  having  in  his  possession,  with  intent  to  sell,  milk  which 
is  not  of  a  good,  standard  quality,  the  fact  that  he  was  upon  a  wagon  which  had  his 
name  painted  on  it,  and  that  therein  were  cans  of  milk,  and  that  a  sample  was  given 
from  one  of  them  to  one  employed  by  the  milk  inspector  for  analysis,  is  competent 
evidence  to  go  to  the  jury  upon  the  question  of  his  intent.  Commonwealili  v.  Bowell, 
15  Northeast.    Rep.,  154.] 

[Effect  of  the  act  of  1889  upon  previous  laws.— It  seems  reasonably  clear 
that  section  1,  of  chapter  425,  Laws  of  1889,  supra,  supersedes  section  1,  of  chapter  157, 
laws  of  1887,  as  to  the  offense  of  selling  diluted,  impure,  and  unclean  milk.  Both  the 
acts  referred  to  cover  the  provisions  of  section  4607,  Revised  Statutes,  and  hence  that 
section  is  not  in  force.] 

PROOF  OF  ADULTERATION,  HOW  MADE. 
[Section  2,  of  Chapter  157,  of  the  Laws  of  1887,  as  amended  by  chapter  344,  Laws  of  1889.] 

Sec.  1.  Proof  of  adulterations  and  skimming  may  be  made  with  such  standard  tests 
and  lacometers  as  are  used  to  determine  the  quality  of  milk,  or  by  chemical  analysis. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 

Approved  April  10,  1889. 

[Note. — This  act  supersedes  chapter  361,  Laws  of  1885,  so  far  as  the  last-mentioned 
act  is  valid.  The  act  of  1885  prohibited  the  manufacture  out  of  any  oleaginous  sub- 
stan.ces,  or  any  compound  of  the  same,  other  than  that  produced  from  unadulterated 
milk,  or  cream  of  the  same,  any  article  designed  to  take  the  place  of  butter  or  cheese, 
produced  from  pure,  unadulterated  milk,  or  cream  of  the  same,  and  the  offeriug  of 
the  same  for  sale  or  selling  it  as  an  article  of  food,  without  providing,  as  does  the 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


147 


act  of  1S89,  that  the  sale  or  offeriug  for  sale  such  au  article  must  he  made  aw  aud  for 
butter  or  cheese,  the  product  of  the  dairy.  See,  to  the  effect  that  such  a  clause  is 
unconstitutional,  People  v.  Arensierg,  103  N.  Y.,  388. 

Note — Origin. — This  section,  except  as  to  the  penalty,  is  a  copy  of  a  part  of  section 
8,  chapter  183,  laws  of  New  York,  1885. 

Validity. — Section  7,  chapter  183,  Laws  of  New  York,  1885,  "prohibits:  Ist.  The 
manufacture  out  of  auy  animal  fat,  or  animal  or  Tegetable  oils,  not  produced  from 
unadulterated  milk  or  cream  from  the  same,  of  auy  product  in  imitation  or  semblance 
or  designed  to  take  the  place  of  natural  butter  produced  from  milk,  etc.  2d.  Mixing, 
compoundiug  with,  or  adding  to  milk,  cream,  or  butter,  any  acids  or  other  deleteri- 
ous substances,  or  animal  fats,  etc.,  with  design  or  intent  to  produce  any  article  in 
imitation  or  semblance  of  natural  butter.  3d.  Selliug,  or  keeping  or  offering  for  sale 
any  article  manufactured  in  violation  of  the  provisions  of  this  section."  Held,  that  if 
butter  made  from  animal  fat  or  oil  is  as  wholesome  and  nutritious  and  suitable  for 
food  as  dairy  butter,  the  producers  of  butter  made  from  animal  fat  or  oils  have  no 
coDstitutional  right  to  resort  to  devices  for  the  purpose  of  making  their  product  re- 
semble in  appearance  the  more  expensive  article  known  as  dairy  buttcB.  It  is  com- 
petent for  the  legislature  to  enact  laws  to  prevent  the  simulated  article  being  put 
upcm  the  market  in  such  a  form  and  manner  as  to  he  calculated  to  deceive.  The 
statute  is  intended  to  reach  a  designed  and  purposed  imitation  of  dairy  butter  in 
manufacturing  the  product  which  is  not  such  butter,  and  not  a  resemblance  in  qual- 
ities inherent  in  the  articles  and  common  to  both  kinds  of  butter.  People  v.  Arenaherg, 
105  N.  Y.,  123. 

A  State  may  lawfully  jjrohibit  the  manufacture  out  of  oleaginous  substances,  orout 
of  any  of  its  compounds  other  than  that  produced  from  unadulterated  milk  or  cream 
from  such  milk,  of  an  article  designed  to  take  the  place  of  butter  or  cheese  produced 
from  unadulterated  milk.  It  may  also  prohibit  the  manufacture,  or  sale,  or  the  offer- 
ing for  sale,  of  auy  imitation  or  adulterated  hutter  or  cheese,  or  the  having  of  it  in 
possession  with  intent  to  sell  the  same  as  an  article  of  food.  Powell  v.  Pennsylvania, 
127  U.  S.,  678. 

Though  it  may  be  severe  to  punish  those  who  unintentionally  sell  the  article  pro- 
hibited, the  legislature  has  power  to  so  provide  in  order  that  the  much  larger  num- 
ber may.he  protected.    State  v.  Newton,  14  Atl.  Rep.,  604. 

The  supreme  court  of  New  Jersey  has  held  that  a  statute  enacted  for  a  purpose 
similar  to  that  which  caused  the  passage  of  this  act  is  not  invalid  because  it  prohib- 
its the  sale  of  oleomargarine  brought  to  that  State  from  other  States  and  not  intended 
for  further  transportation.  The  act  produces  only  an  indirect  and  incidental  effect 
upon  interstate  commerce.    State  v.  Newton,  14  Atl.  Rep.,  604.] 

ADULTERATED  HONEY  MUST  BE  MARKED. 
[Part  of  chapter  40,  Laws  of  1881.] 

Sec.  2.  Every  person,  company,  or  corporation  who  shall  sell  or  offer  for  sale, 
honey,  or  any  imitation  of  honey,  which  is  adulterated  with  glucose,  or  any  other 
substance,  shall  mark  the  package  or  parcel  with  the  words  "adulterated  honey,"  as 
required  by  section  one  of  this  act. 

[Note. — Section  1,  of  chapter  40,  Laws  of  1881,  related  to  the  manufacture  of  imita- 
tion butter,  and  provided  that  each  firkin,  tub,  package  or  parcel  thereof,  should  be 
marked  on  top  of  same  in  letters  not  less  than  one-half  inch  in  length,  and  breadth 
in  proportion,  and  in  such  manner  that  it  may  be  plainly  seen.  As  applied  to  butter 
the  said  section  was  repealed  by  chapter  361,  Laws  of  1885.  Section  3,  of  the  act  of 
1881,  related  to  imitation  cheese.    It  was  also  repealed  by  the  act  of  1885.  ] 

Sec.  4.  Any  person  found  guilty  of  any  violation  of  this  act  shall,  for  each  offense, 
be  punished  by  imprisonment  in  the  county  jail,  not  less  than  ten  days  nor  more  than 
six  months,  or  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dol- 
lars, or  both,  in  the  discretion  of  the  court. 


148 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


Sec.  5.  One-half  of  all  fines  imposed  by  the  enforcement  of  this  act  shall  be  paid 
to  the  person  who  informs  aojainst  and  i)rosecutes  such  offender  to  conviction. 

Sec.  C.  All  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this  act  are  hereby- 
repealed. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 
Approved  March  3,  1881. 

PENALTY  FOR  THE  SALE  OF  UNWHOLESOME  PROVISIONS. 

[Section  4599,  Revised  Statutes.] 

Sec.  4599.  Any  person  who  shall  knowingly  sell  any  kind  of  diseased,  corrupt,  or 
unwholesome  provisions,  whether  for  meat  or  drink,  without  making  the  same  fully 
known  to  the  buyer,  shall  be  punished  by  imprisonment  in  the  county  jail  not  more 
than  six  months  or  by  fine  not  exceeding  one  hundred  dollars. 

ADULTERATION  OF  FOOD,  LIQUORS,  AND  CANDIES. 
[Section  4600,  Eevised  Statutes.) 

Sec.  4600.  Any  person  who  shall  fraudulenty  adulterate,  for  the  purpose  of  sale, 
any  substance  intended  for  food,  or  any  wine,  spirits,  malt  liquors,  or  other  spirituous 
liquors,  or  any  other  fluid,  intended  for  drinking,  or  any  candy  or  sweetmeat,  with 
substance,  coloring  matter,  or  anything  poisonous,  deleterious  or  injurious  to  health, 
or  who  shall  knowingly  manufacture,  sell,  or  offer  for  sale  auy  such  adulterated  food, 
liquor,  candy,  or  sweetmeat,  shall  be  punished  by  imprisonment  in  the  county  jail  not 
more  than  six  months  or  by  fine  not  exceeding  one  hundred  dollars,  and  any  article 
so  adulterated  shall  be  forfeited  and  destroyed. 

Note. — See  chapter  248,  laws  of  1879,  infra,  which  appears  to  supersede  this  section 
in  part. 

ADULTERATION  OF  FOOD  AND  DRUGS— DECEPTIVE  LABELING  OF, 

[Chapter  248,  laws  of  1879. j 

Sec.  1.  No  person  shall  mix,  color,  stain,  powder,  order  or  permit  any  other  person 
to  mix,  color,  stain,  or  powder  any  article  of  food  with  any  ingredient  or  material  so 
as  to  render  the  article  injurious  to  health,  with  intent  that  the  same  may  be  sohl  in 
that  condition.  And  any  person  that  shall  sell  any  such  article  so  mixed,  colored, 
stained,  or  powdered  shall  be  subjected  to  a  penalty  in  each  case  not  exceeding  a  fiue 
of  fifty  dollars  for  the  first  offense,  and  for  a  second  off"ense  shall  be  punished  by  im- 
prisonment in  the  State  prison  for  a  period  not  exceeding  one  year,  with  hard  labor. 

Sec.  2.  No  person  shall,  except  for  the  i)urpose  of  compounding  as  hereinafter  de- 
scribed, mix,  color,  stain,  or  powder,  or  permit  any  other  person  to  mix,  color,  stain, 
or  powder,  any  drug  with  any  ingredient  or  material  so  as  to  affect  injuriously  the 
quality  or  potency  of  such  drug,  with  intent  that  the  same  may  be  sold  in  that  con- 
dition. And  any  person  who  shall  sell  auy  such  drug  so  mixed,  colored,  stained,  or 
powdered  shall  be  liable  to  the  same  penalty  or  punishment  in  each  case,  respectively, 
as  in  the  preceding  section  for  a  first  and  subsequent  offense :  Provided,  That  no 
person  shall  be  liable  to  be  convicted  under  the  foregoing  sections  of  this  act,  in  re- 
spect to  the  sale  of  any  article  of  food  or  of  any  drug,  if  he  shows  to  the  satisfaction 
of  the  justice  or  court  before  whom  he  is  charged  that  he  did  not  know  of  t  he  article 
or  drug  sold  by  him  being  so  mixed,  colored,  stained,  or  powdered,  as  in  that  section 
mentioned,  and  that  he  could  not,  with  reasonable  diligence,  have  obtained  that 
knowledge;  or  that  such  mixing,  coloring,  staining,  or  powdering  was  required  for 
the  production,  extraction,  preparation,  preservation,  consumption,  or  transportation 
as  an  article  of  commerce  in  a  State  fit  for  carriage  ;  or  where  the  drug  or  food  is 


LAWS  RELATING  TO  FOODS  AND  BEVEEAGES. 


149 


supplied  in  the  State  required  by  the  specification  of  the  patent  in  force  ;  or  that  the 
food  or  drug  was  unavoidably  mixed  with  some  extraneous  matter  in  process  of  col- 
lection or  preparation. 

Sec.  3.  Every  person  who  shall  compound  or  pnt  up  for  sale  any  food,  drug,  or 
liquor  in  casks,  boxes,  bottles,  or  packages  with  any  label,  mark,  or  device  what- 
ever so  as  and  with  intent  to  mislead  or  deceive  as  the  true  name,  nature,  kind,  and 
quality  thereof,  shall  be  liable  to  a  penalty  of  not  to  exceed  five  hundred  dollars  for 
the  first  olfense,  and  for  every  offense  after  the  fiist  offense  shall  be  punished  by  im- 
prisonment in  the  State  prison  for  not  less  than  one  year  nor  more  than  ten  years. 

Sec.  4.  The  terin  food"  as  herein  used  shall  include  every  article  used  for  food  or 
drink  by  man  other  than  drugs.  The  term  drug"  shall  include  medicine  for  inter- 
nal or  external  use. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and  afterthe  first  day  of  July, 
after  its  passage  and  publication. 
Approved,  March  5,  1879. 

DRUGS  AND  MEDICINES. 
[Section  4601,  Kevised  Statutes.] 

Sec.  4601.  Any  person  who  shall  fraudulently  adulterate  for  the  purpose  of  sale 
any  drug  or  medicine  in  such  a  manner  as  to  render  the  same  injurious  to  health 
shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than  one  year  or  by 
fine  not  exceeding  three  hundred  dollars. 

Note. — See  chapter  248,  laws  of  1879,  supra. 

COLORING  GRAIN. 

[Section  4606,  Eevised  Statutes.] 

Sec.  4606.  Any  person  who  shall  fumigate  any  barley,  wheat,  or  other  grain  by  the 
use  of  sulphur  or  other  substance,  or  shall  in  any  way,  or  by  the  use  of  any  chemical, 
material,  or  process,  affect  the  color  or  healthfulness  of  such  grain,  or  who  shall  sell 
or  offer  for  sale  any  such  grain,  knowing  that  the  same  has  been  so  fumigated,  or  the 
color  or  healthfulness  thereof  so  affected,  shall  be  punished  by  imprisonment  in  the 
county  Jail  not  more  than  one  month  or  by  fine  not  exceeding  fifty  dollars. 

ANALYSIS  OP  FOOD,  DRUGS,  AND  DRINK. 

[Chapter  252,  laws  of  1880.] 

Sec.  1.  The  governor  of  the  State  shall  appoint  one  of  the  professors  of  the  State 
University  of  sufficient  competence,  knowledge,  skill,  and  experience  as  State  analyst, 
whose  duty  it  shall  be  to  analyze  all  articles  of  food  and  drink,  and  all  drugs  and 
liquors  manufactured,  sold,  or  used  within  this  State,  when  submitted  to  him  as 
hereinafter  provided.  The  terra  of  office  of  such  analyst  shall  be  three  years  from 
his  appointment,  unless  sooner  removed  by  the  appointing  power,  and  his  compensa- 
tion shall  not  exceed  two  hundred  dollars  in  addition  to  his  annual  salary  as  pro- 
fessor, and  shall  be  paid  by  the  board  of  regents  of  the  State  university  from  the 
university  fund. 

Sec.  2.  The  State  board  of  health  and  vital  statistics,  medical  officers  of  health, 
inspectors  of  weights  and  measures,  boards  of  supervisors  of  any  town,  boards  of 
trustees  of  any  village,  aldermen  or  common  council  of  any  city  in  this  State,  or  a 
majority  of  said  corporate  bodies,  may,  at  the  cost  of  their  respective  corporations, 
purchase  a  sample  of  any  food,  drugs,  or  liquors  oft'ered  for  sale  in  any  town,  village, 
or  city  in  this  State  in  violation  of  sections  number  one,  two,  and  four  of  chapter 
two  hundred  and  forty-eight  of  laws  of  A.  D.  1879,  or  if  they  have  good  reasons  to 
suspect  the  same  to  have  been  sold  or  put  up  for  sale  contrary  to  the  provisions  of 
said  chapter  two  hundred  and  forty-eight  may  submit  the  same  to  the  State  analyst 
as  hereinafter  provided ;  and  the  said  analyst  shall,  upon  receiving  such  article  duly 


150 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


snbiiiitted  to  him,  fortliwitli  aualyse  the  same,  and  give  a  certified  certificate  to  such 
person  or  officer  submitting  the  same,  wherein  he  shall  fully  specify  the  result  of  th^s 
analysis. 

Sec.  3.  Any  person  purchasing  any  article  with  the  intention  of  submitting  it  to  an 
analysis  shall,  after  the  purchase  shall  have  been  made  and  completed,  forthwith 
notify  the  seller  or  his  agent  selling  the  same  of  his  or  their  intention  to  have  the 
same  analyzed  by  the  State  analyst,  and  shall  offer  to  accompany  the  seller  or  his 
agent  with  the  article  purchased  to  the  town,  Tillage,  or  city  clerk  of  the  place  in 
which  the  article  was  bought,  and  shall  forthwith  remove  the  article  purchased  to 
the  office  of  said  clerk,  and  in  the  presence  of  the  seller  or  his  agent,  if  pres-nt, 
divide  said  article  in  two  parts,  each  to  be  marked,  fastened,  and  sealed  up  in  such  a 
manner  as  its  nature  will  permit.  The  said  clerk  shall  forthwith  forward  one  part  to 
the  State  analyst  by  mail,  express,  or  otherwise,  as  he  shall  elect,  aud  shall  retain 
the  other  part  or  package  subject  to  the  order  of  any  court  in  which  proceedings 
shall  thereafter  be  taken.  The  certificate  of  the  State  analyst  shall  be  held  in  all 
the  courts  of  this  State  as  prima  facie  evidence  of  the  properties  of  the  articles 
analyzed  by  him. 

Sec.  4.  If  any  person  applying  to  purchase  any  article  of  food,  drug,  or  liquor  ex- 
posed for  sale  or  on  sale  by  retail  on  any  premises  in  any  town,  village,  or  city  in 
this  State,  and  shall  tender  the  price  of  the  quantity  which  he  shall  want,  for  the 
purpose  of  analysing,  not  being  more  than  shall  be  reasonably  required,  and  the  per- 
son exposing  the  same  for  sale  shall  refuse  to  sell  the  same,  such  person  so  refusing 
to  sell  shall  be  liable  to  a  penalty  not  exceeding  fifty  dollars. 

Sec.  5.  The  State  analyst  shall  report  to  the  State  board  of  health  and  vital  statis- 
tics the  number  of  all  the  articles  analysed,  and  shall  specify  the  results  thereof  to 
said  board  annually,  with  full  statement  of  all  the  articles  analysed  and  by  whom 
submitted. 

Sec.  6.  The  State  board  of  health  and  vital  statistics  may  submit  to  the  State 
analyst  any  samples  of  food,  drugs,  or  drink  for  analysis  as  hereinbefore  provided. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 

Approved,  March  15,  1880. 

FRAUD  IN  DAIRY  MANUFACTORIES. 

[Section  1494  a,  Revised  Statutes.] 

Any  butter  or  cheese  manufacturer  who  shall  knowingly  use,  or  allow  any  of  his 
employes,  or  any  other  person,  to  use  for  his  or  their  own  individual  benefit,  any  milk, 
or  cream  from  the  milk,  brought  to  said  butter  or  cheese  manufacturer,  without  the 
consent  of  all  the  owners  thereof,  or  any  butter  or  cheese  manufacturer  who  shall  re- 
fuse or  neglect  to  keep,  or  cause  to  be  kept,  a  correct  account  (open  to  the  inspection 
of  any  one  furnishing  milk  to  such  manufacturer)  of  the  amount  of  milk  daily  re- 
ceived, or  of  the  number  of  pounds  of  butter,  and  the  number  and  aggregate  weight 
of  cheese  made  each  day,  or  of  the  number  cut  or  otherwise  disposed  of,  and  the 
weight  of  each,  shall,  for  each  and  every  offense,  forfeit  and  pay  a  sum  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars,  to  be  recovered  in  an  action 
in  any  court  of  competent  jurisdiction,  one-half  for  the  benefit  of  the  person  or  per- 
sons, firm  or  association,  or  their  assigns,  upon  whom  such  fraud  or  neglect  shall  be 
committed,  first  having  made  complaint  therefor,  the  remainder  to  the  school  fnnd. 

LAW  PASSED  BY  THE  LEGISLATURE  OF  1891. 
[This  act  repeals  Chap.  240,  laws  of  1887,  as  amended  by  Chap.  455,  laws  of  1889.  ] 
Sec.  1.  Chapter  455  of  the  laws  of  1889  is  hereby  repealed. 

Sec  2.  Every  person  who  shall,  at  any  cheese  factory  in  the  State,  manufacture 
eheese,  shall  distinctly  and  durably  stamp  upon  each  and  every  such  cheese,  whether 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


151 


cheddar,  twiu,  flat,  or  Yonug  America,  or  by  whatever  name  or  style  known,  upon 
tlic  sale  thereof,  in  full-faced  capital  letters,  the  grade  of  the  same,  as  Wisconsin  full 
cream," standard,"  or  "skimmed,"  as  hereafter  provided  for  in  this  act,  together 
with  the  name  of  the  city,  village,  or  town  where  such  factory  shall  be  located. 

Sec  3.  Such  cheese  only  as  shall  have  been  manufactured  from  pure  and  wholesome 
milk,  and  from  which  no  portion  of  the  butter  fat  shall  have  been  removed  by  skim- 
ming or  by  any  other  process,  and  in  the  manufacture  of  which  neither  butter  nor 
any  substitute  for  butter  or  other  animal  or  vegetable  fats  or  oils  have  been  used, 
nor  any  fat  which  has  been  extracted  from  milk  in  any  form  and  returned  for  the  pur- 
pose of  filling  the  cheese,  shall  be  stamped  "  Wisconsin  full  cream."  All  cheese  man- 
ufactured as  above  required  from  pure  and  wholesome  milk,  but  from  which  a  por- 
tion of  the  fat  has  beea  removed,  shall  if  it  contain  not  less  than  thirty  per  centum 
of  pure  butter  fat,  be  stamped  or  branded  "  standard."  All  cheese  containing  less  than 
thirty  per  centum  of  pure  butter  fat  shall  be  stamped  or  branded  ''skimmed." 

Sec.  4.  The  stamp  provided  for  in  this  act  designating  the  grade  of  cheese  shall  be 
such  as  to  produce  an  impression  not  less  than  three  inches  in  width  and  five  inches 
in  length,  and  the  words  Wisconsin  full  cream,"  "standard,"  or  ''skimmed,"  to- 
gether with  the  name  of  the  city,  village,  or  town  where  the  cheese  shall  have  been 
manufactured,  as  provided  for  in  the  foregoing  sections  of  this  act,  shall  be  in  full- 
faced  capital  letters  of  as  large  a  size  as  the  space  hereby  provided  for  will  permit, 
and  the  whole  to  be  included  within  a  plain  heavy  border.  Ordinary  "stamping 
ink,"  either  red,  green,  purple,  or  violet  in  color,  and  of  such  composition  as  not  to  be 
easily  removed  or  wholly  obliterated  by  moisture,  shall  be  used  in  stamping,  as  pro- 
vided for  in  this  act. 

Sec.  5.  Any  manufacturer  of  cheese  who  shall  sell  or  dispose  of  any  cheese  without 
being  stamped  as  required  by  this  act,  or  who  shall  falsely  stamp  the  same,  and  any 
dealer  or  other  person  who  shall  remove  such  stamp  from  cheese,  shall,  upon  convic 
tiou  thereof,  be  fined  not  less  than  fifty  nor  more  than  one  hundred  dollars  for  the 
first  offense,  and  for  each  subsequent  offense  not  less  than  one  hundred  nor  more  than 
two  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  less  than  thirty  nor  more 
than  ninety  days,  or  both,  in  the  discretion  of  the  court  before  whom  such  conviction 
maybe  had.  One-half  of  all  fines  collected  under  the  provisions  of  this  act  shall  be 
paid  to  the  person  or  persons  furnishing  the  information  upon  which  such  conviction 
is  procured. 

Sec.  6.  Nothing  in  this  act  shall  be  construed  to  apply  to  Edam,  brickstein,  pine- 
apple, Limburger,  Swiss,  or  hand  cheese,  or  other  cheese  by  whatever  name  or  style 
known  not  made  by  the  ordinary  cheddar  process.' 

Sec.  7.  All  acts  or  part  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 

There  are  three  distinctive  brands  necessary  under  the  law  quoted. 


No.  1. — Full  Cream  Cheese. 


WISCONSIN 


FOND  DU  LAC. 


All  cheese  made  by  the  cheddar  process,  and  made  from  milk  from  which  no  fat  has  been  taken, 
shall  bear  brand  No.  1. 


152  LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 

No.  2. — Standard  Cheese. 


FOND  DU  LAC,  WIS. 


All  cheese  made  by  the  cheddar  process^  and  made  from  milk  from  -which  any  fat  has  been  taken, 
but  still  leaving  not  less  than  30  per  cent  of  fat  in  the  cheese,  shall  bear  brand  No.  2. 

No.  3. — Skimmed  Cheese. 


FOND  DU  LAC,  WIS. 


All  cheese  made  by  the  cheddar  process,  and  made  from  milk  from  which  enough  fat  has  been  taken 
80  that  the  cheese  is  left  with  less  than  30  per  cent,  of  fat,  shall  bear  brand  No.  3. 

The  law  provides  that  the  stamp  or  brand  shall  be  not  less  than  three  by  five 
inches  and  inclosed  by  a  plain  heavy  border.  The  ink  shall  be  indelible,  so  tliat  it 
will  not  rub  off.  The  brand  or  stamp  is  to  be  placed  upon  the  bandage  of  the  cheese, 
A  rubber  stamp  costs  about  the  same  as  a  stencil  and  does  much  better  work. 

The  name  of  the  manufacturer  can  not  be  placed  inside  the  border.  If  the  maker 
wishes  his  name  to  appear  it  can  be  placed  on  the  cheese  anywhere  except  withiu 
the  impression. 

The  law  of  1880,  which  provided  for  marking  the  box,  is  repealed. 

Rubber-stamp  manufacturers  are  iu  possession  of  this  law  and  you  can  be  provided 
with  stamps  by  any  of  them.  The  firm  from  which  you  buy  your  supplies  can  furnish 
you  the  necessary  stamps. 

Filling  cheese  with  foreign  fat  is  prohibited  by  chapter  424,  Laws  of  1889. 

Enriching  skim  milk  with  butter  is  prohibited  by  chapter  '264,  Laws  of  1891,  also 
by  chapter  165,  Laws  of  1891. 

DEALERS  AND  MANUFACTURERS  OF  VINEGAR. 
[Text  and  suggestions  relating  to  the  law  passed  by  the  legislature  of  1891.] 

Sec.  1.  Every  person  who  manufactures  for  sale  or  offers  or  exposes  for  sale,  as 
cider  vinegar,  any  vinegar  not  the  legitimate  product  of  pure  apple  juice,  known  as 
apple  cider,  or  vinegar  not  made  exclusively  of  said  apple  cider,  or  vinegar  into 
which  foreign  substances,  drugs,  or  acids  have  been  introduced,  as  may  appear  by 
proper  tests,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  2.  Every  person  who  manufactures  for  sale  or  offers  for  sale  any  vinegar, 
found,  upon  proper  tests,  to  contain  any  preparation  of  lead,  copper,  sulphuric  acid, 
or  other  ingredient  injurious  to  health,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  3.  No  person,  by  himself,  his  servant,  or  agent,  or  as  the  servant  or  agent  of 
any  other  person,  shall  sell,  exchange,  deliver,  or  have  iu  his  custody  or  possession, 
with  intent  to  sell  or  exchange,  or  expose  or  offer  for  sale  or  exchange,  any  adulter- 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


153 


ated  viuegar,  uor  sliall  he  label,  brand,  or  sell  as  cider  vinegar,  or  as  apple  vinegar, 
any  vinegar  not  the  legitimate  product  of  pure  apple  juice  or  not  made  exclusively 
from  apple  cider. 

Sec.  4.  All  vinegar  shall  have  an  acidity  equivalent  to  the  presence  of  not  less 
than  four  per  cent  by  weight  of  absolute  acetic  acid,  aud,  in  the  case  of  cider  vine- 
gar, shall  contain  in  addition  not  less  than  two  per  cent  by  weight  of  cider  vinegar 
solids  upon  full  evaporation  over  boiling  water  at  21*2^  ;  and  if  any  vinegar  contains 
any  artificial  coloring  matter  inj^irious  to  health  or  less  than  the  above  amount  of 
acidity,  or,  in  the  case  of  cider  vinegar,  if  it  contains  less  than  the  above  amount 
of  acidity  or  of  cider  vinegar  solids,  it  shall  be  deemed  adulterated  within  the  mean- 
ing of  this  act.  All  manufacturers  of  vinegar  in  the  State  of  Wisconsin,  and  all 
persons  who  reduce  or  rebarrel  vinegar  in  this  State,  and  all  persons  who  handle  viu- 
egar in  lots  of  one  barrel  or  more,  are  hereby  required  to  stencil  or  mark  in  black 
figures  at  least  one  inch  in  length  on  the  head  of  each  barrel  of  vinegar  bought  or  sold 
by  them  the  standard  strength  of  the  vinegar  contained  in  the  package  or  barrel, 
which  shall  be  denoted  by  the  per  centum  of  acetic  acid.  And  any  neglect  so  to 
mark  or  stencil  each  package  or  barrel  or  any  false  markings  of  packages  or  barrels 
shall  be  deemed  a  misdemeanor. 

Sec.  5.  Whoever  violates  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars  and  costs. 

Sec.  6.  This  act  shall  take  eftect  and  be  in  force  from  and  after  its  passage  and 
publication. 

Section  1  provides  that  any  person  who  makes  cider  vinegar  shall  sell  it  as  such. 
Section  2  provides  that  no  injurious  ingredients  shall  be  nsed  in  the  manufacture 
of  vinegar. 

Section  3  provides  that  no  person,  or  his  agent,  shall  sell  adulterated  or  spirit 
vinegar  as  cider  vinegar. 

Section  4  provides  that  all  vinegar  shall  test  not  less  than  four  per  cent  of  acetic 
acid,  and  that  cider  vinegar  shall  contain  not  less  than  two  per  cent  of  solids,  and  that 
manufacturers  and  reducers,  and  persons  who  handle  vinegar,  shall  brand  upon  head 
of  barrel,  in  letters  not  less  than  one  inch,  the  per  centum  of  acetic  acid,  as  follows: 

ACETIC  ACID  4  PER  CENTUM. 

Chapter  248,  Laws  of  1879,  provides  that  no  label,  mark  or  device  shall  be  upon 
any  package  or  cask,  which  shall  mislead  or  deceive  as  to  the  true  contents. 

The  law  relating  to  the  branding  of  casks  will  be  enforced  on  and  after  June  1, 
1891. 

ACT  KEPEALTNG  CHAPTEK  185,  LAWS  OF  1887. 

Sec.  1.  No  person  shall  sell,  exchange,  expose,  or  offer  for  sale  or  exchange,  or  ship 
or  consign,  or  have  in  his  possession  with  intent  to  sell,  ship,  or  consign,  any  sub- 
stance purporting,  appearing,  or  represented  to  be  butter  or  cheese,  or  having  the 
semblance  of  either  butter  or  cheese,  which  substance  is  not  made  wholly  and  directly 
from  pure  milk  or  cream,  salt,  and  harmless  coloring  matter,  unless  it  be  done  under 
its  true  name,  aud  each  vessel,  package,  roll,  or  parcel  of  such  substance  has  dis- 
tinctly and  durably  painted,  stamped,  stenciled,  or  marked  thereon  the  true  name  of 
such  substance  in  ordinary  bold-faced  capital  letters,  not  less  than  five-line  pica  in 
size,  or  sell  or  dispose  of  in  any  manner  to  another,  any  such  substance  in  quantities 
less  than  the  original  package,  without  delivering  with  each  amount  sold  or  disposed 
of,  a  label,  on  which  is  plainly  aud  legibly  printed  in  ordinary  bold-faced  letters  not 
less  than  five-line  pica  in  size,  the  true  name  of  each  substance. 

Sec.  2.  No  person  or  persons  shall  manufacture  out  of  any  oleaginous  substance  or 
substances,  or  any  compound  of  the  same  other  than  that  produced  wholly,  directly, 


154 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


and  at  the  time  of  manufacture  from  unadulterated  milk  or  cream,  salt,  and  harmless 
coloring  matter  auy  article  in  imitation  of  or  clesigned  to  be  sold,  shipped,  or  consigned 
as  butter  or  cheese.  Nothing  in  this  section  shall  prevent  the  use  of  i^ure  skimmed 
milk  in  the  manufacture  of  cheese ;  but  cheese  made  wholly  or  in  part  from  skimmed 
milk  should  be  plainly  labeled  ''skimmed." 

[This  section  repeals  chapter  424,  laws  of  1889.] 

Sec.  3.  No  person  or  persons  shall  manufacture,  mix,  compound  with,  or  add  to, 
natural  or  pure  milk,  cream,  butter,  or  cheese,  any  animal  fats,  animal,  mineral,  or 
vegetable  oils,  or  extraneous  butter  fat,  or  oil ;  nor  shall  any  person  or  persons  man- 
ufacture any  oleaginous  or  other  substance  not  produced  wholly  and  at  the  time 
from  pure  milk  or  cream,  salt,  and  harmless  coloring  matter,  or  have  the  same  in  his 
possession  with  intent  to  offer  or  expose  the  same  for  sale,  or  exchange,  or  sell,  con- 
sign, ship,  or  in  any  manner  dispose  of  the  same  as  and  for  butter  or  cheese,  nor 
shall  any  substance  or  compound  so  made  be  sold  or  disposed  of  to  anyone  as  and 
for  butter  or  cheese. 

Sec.  4.  No  person  or  persons  shall  sell,  exchange,  expose,  or  offer  for  sale  or  ex- 
change, dispose  of,  ship  or  consign,  or  have  in  his  possession  any  substance  or  article 
made  in  imitation  or  resemblance  of  any  dairy  product  which  is  falsely  branded, 
stenciled,  labeled,  or  marked. 

Sec.  5.  Every  person  in  this  State  who  shall  deal  in,  keep  for  sale,  expose,  or  otfer 
for  sale  or  exchange,  any  substance  other  than  butter  or  cheese,  made  wholly  and 
directly  from  pure  milk  or  cream,  salt,  and  harmless  coloring  matter,  which  appears 
to  be,  resembles,  or  is  made  in  imitation  of,  butter  and  cheese,  shall  keep  a  card  not 
less  in  size  than  ten  by  fourteen  inches,  posted  in  a  conspicuous  and  visible  place, 
where  the  same  may  be  easily  seen  and  read  in  the  storeroom,  stand,  booth,  wagon, 
or  place  where  such  substance  is  so  kept  or  exposed  for  sale,  on  which  card  shall  be 
printed,  on  a  white  ground,  in  bold,  black  Roman  letters,  not  less  in  size  than  twelve- 
line  pica,  the  words  "oleomargarine,"  '' butterine,"  or  ''imitation  cheese"  (as  the 
case  may  be),  "sold  here,"  and  said  card  shall  not  contain  any  other  words  than  the 
ones  above  prescribed  ;  and  no  person  shall  sell  any  oleomargarine,  butterine,  imita- 
tion cheese,  or  other  imitation  dairy  product,  at  retail  or  in  any  quantity  less  than 
the  original  package,  tub,  or  firkin,  unless  he  shall  first  inform  the  purchaser  that 
the  substance  is  not  butter  or  cheese,  but  an  imitation  of  the  same. 

Sec.  6.  Every  proprietor,  keeper,  or  manager,  or  person  in  charge  of  any  hotel, 
boarding  house,  restaurant,  eating  house,  lunch  counter,  or  lunch  room,  who  therein 
sells,  uses  or  disposes  of  any  substance  which  appears  to  be,  resembles,  or  is  made  in 
imitation  of  butter  or  cheese,  under  whatsoever  name,  and  which  substance  is  not 
wholly  and  directly  made  from  pure  miik  or  cream,  salt,  and  harmless  coloring  matter, 
shall  display  and  keep  a  card  posted  in  a  conspicuous  place,  where  the  same  may  be 
easily  seen  and  read,  in  the  dining  room,  eating  room,  lunch  room,  restaurant,  and 
place  where  such  substance  is  sold,  used,  or  disposed  of,  which  card  shall  be  white, 
and  in  size  not  less  than  ten  by  fourteen  inches,  upon  which  shall  be  printed  in  plain, 
black,  Roman  letters,  not  less  in  size  than  twelve-line  pica,  the  words  "  oleomargarine 
used  here,"  "  butterine  used  here,"  or  "  imitation  cheese  used  here"  (as  the  case  may 
be),  and  said  card  shall  not  contain  any  other  words  than  the  ones  above  prescribed, 
and  such  proprietor,  keeper,  manager,  or  person  in  charge  shall  not  sell,  furnish,  or 
dispose  of  substance  as  and  for  "'butter  or  cheese  "  made  from  pure  milk  or  cream, 
salt,  and  harmless  coloring  matter,  when  butter  or  cheese  is  asked  for. 

Sec.  7.  No  butter  or  cheese  not  made  wholly  and  directly  from  pure  milk  or  cream, 
salt,  and  harmless  coloring  matter  shall  be  used  in  any  of  the  charitable  or  penal  in- 
stitutions of  the  State. 

Sec.  8.  Any  person  or  persons  violating  any  of  the  provisions  or  sections  of  this 
act,  shall,  upon  conviction  thereof,  be  fined  not  less  than  twenty-five  nor  more  than 
fifty  dollars  for  the  first  oftense,  or  for  each  subsequent  offense  not  less  than  fifty  nor 


LAWS  EELATING  TO  FOODS  AND  BEVERAGES. 


155 


more  tliauoue  hundred  dollars,  or  be  imprisoned  in  tlie  county  jail  not  less  tbau  ten 
or  more  than  ninety  days,  or  botli. 

Sec.  9.  One-half  of  all  the  fines  collected  under  the  provisions  of  this  act  shall  be 
paid  to  the  person  or  persons  furnishing  information  upon  which  conviction  is  pro- 
cured. 

Sec.  10.  All  acts  or  parts  of  acts  contravening  the  provisions  of  this  act  are  hereby 
repealed. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 

ENGLAND. 

The  Eoglisli  law  is  as  follows  J 

THE  SALE  OF  FOOD  AND  DRUGS  ACT. 

AN  ACT  to  repeal  the  adulteration  of  food  acts,  and  to  make  better  provision  for  the  sale  of  food 
and  drugs  in  a  pure  state.    (11th  August,  1875.) 

"Whereas  it  ia  desirable  that  the  acts  now  in  force  relating  to  the  adulteration  of 
food  should  be  repealed,  and  that  the  law  regarding  the  sale  of  food  and  drugs  in  a 
pure  and  genuine  condition  should  be  amended  : 

Be  it  therefore  enacted  by  the  Queen's  Most  Excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  lords  spiritual  and  temporal,  and  Commons,  in  this  pres- 
ent Parliament  assembled,  and  by  the  authority  of  the  same,  as  follows : 

(1)  From  the  commencement  of  this  act  the  statutes  of  the  twenty-third  and 
twenty-fourth  Victoria,  chapter  eighty-four,  of  the  thirty-first  and  thirty-second 
of  Victoria,  chapter  one  hundred  and  twenty-one,  section  twenty-four,  of  the  thirty- 
third  and  thirty-fourth  of  Victoria,  chapter  twenty-six,  section  three,  and  of  the 
thirty-fifth  and  thirty-sixth  of  Victoria,  chapter  seventy-four,  shall  be  repealed, 
except  in  regard  to  any  appointment  made  under  them  and  not  then  determined, 
and  in  regard  to  any  oflense  committed  against  them  or  any  prosecution  or  other  act 
commenced  and  not  concluded  or  completed,  and  any  payment  of  money  then  due  in 
respect  of  any  provision  thereof. 

(2)  The  term ''food"  shall  include  every  article  used  for  food  or  drink  by  man, 
other  than  drugs  or  water ; 

The  term  "  drug"  shall  include  medicine  for  internal  or  external  use  ; 
The  term    county"  shall  include  every  county  of  a  city  or  town  not  being  a  bor- 
ough ; 

The  term  ''justices"  shall  include  any  police  and  stipendiary  magistrate  invested 
with  the  powers  of  a  justice  of  the  peace  in  England,  and  any  divisional  justices  in 
Ireland. 

DESCRIPTION  OF  OFFENSES. 

(3)  No  person  shall  mix,  color,  stain,  or  powder,  or  order  or  permit  any  other  per- 
son to  mix,  color,  stain,  or  powder,  any  article  of  food  with  any  Ingredient  or  mate- 
rial so  as  to  render  the  article  injurious  to  health,  with  intent  that  the  same  may  be 
sold  in  that  state;  and  no  person  shall  sell  any  such  article  so  mixed,  colored,  stained, 
or  powdered,  under  a  penalty  in  each  case  not  exceeding  fifty  pounds  for  the  first 
oflfense.  Every  offense,  after  a  conviction  for  a  first  offense,  shall  be  a  misdemeanor, 
for  which  the  person,  on  conviction,  shall  be  imprisoned  for  a  period  not  exceeding 
six  months  with  hard  labor. 

(4)  No  person  shall,  except  for  the  purpose  of  compounding  as  hereinafter  described, 
mix^  color,  stain,  or  powder,  or  order  or  permit  any  other  person  to  mix,  color,  stain, 
or  powder  any  drug  with  any  ingredient  or  material  so  as  to  affect  injuriously  the 
quality  or  potency  of  such  drug,  with  intent  that  the  same  may  be  sold  in  that  state, 
aud  no  person  shall  sell  any  such  drug  so  mixed,  colored,  stained,  or  powered  under 
the  same  penalty  in  each  case  respectively  as  in  the  preceding  section  for  a  first  and 
subsequent  offense. 


156 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


(5)  Provided,  That  no  person  sliall  be  liable  to  be  convicted  under  either  of  the  two 
last  foregoing  sections  of  this  act  in.  respect  of  the  sale  of  any  article  of  food,  or  of 
any  drng,  if  he  shows  to  the  satisfaction  of  the  justice  or  court  before  whom  ho  is 
charged  that  he  did  not  know  of  the  article  of  food  or  drug  sold  by  him  being  so 
mixed,  colored,  stained,  or  powdered,  as  in  either  of  those  sections  mentioned,  and 
that  he  could  not  with  reasonable  diligence  have  obtained  that  knowledge. 

(6)  No  person  shall  sell  to  the  prejudice  of  the  purchaser  any  article  of  food  or  any 
drug  which  is  not  of  the  nature,  substance,  and  quality  of  the  article  demauded  by 
such  purchaser,  under  a  penalty  not  exceeding  twenty  pounds :  provided,  that  an 
oftense  shall  not  be  deemed  to  be  committed  under  this  section  in  the  fol  lowing  cases ; 
that  is  to  say: 

(a)  Where  any  matter  or  ingredient  not  injurious  to  health  has  been  added  to  the 
food  or  drug  because  the  same  is  required  for  the  production  or  preparation  thereof 
as  an  article  of  commerce,  in  a  state  fit  for  carriage  or  consumption,  and  not  fraud- 
ulently to  increase  the  bulk,  weight,  or  measure  of  the  food  or  drug,  or  conceal  the 
inferior  quality  thereof; 

(b)  Where  the  food  or  drug  is  compounded  as  in  this  act  mentioned  ; 

(c)  Where  the  food  or  drug  is  unavoidably  mixed  with  some  extraneous  matter  iu 
the  process  of  collection  or  preparation. 

(7)  No  person  shall  sell  any  compounded  drug  which  is  not  composed  of  ingredients 
in  accordance  with  the  demand  of  the  purchaser,  under  a  penalty  not  exceeding 
twenty  pounds. 

(8)  Provided,  That  no  person  shall  be  guilty  of  any  such  offense  as  aforesaid, in  respect 
of  the  sale  of  an  article  of  food  or  a  drug  mixed  with  any  matter  fraudulently  to  in- 
crease its  bulk,  weight,  or  measure,  or  conceal  its  inferior  quality,  if  at  the  time  of 
delivering  such  article  or  drng  he  shall  supply  to  the  person  receiving  the  same 
a  notice,  by  a  label  distinctly  and  legibly  written  or  printed  on  or  with  the  article  or 
drug,  to  the  effect  that  the  same  is  mixed. 

(9)  No  person  shall,  with  the  intent  that  the  same  may  be  sold  in  its  altered  state 
without  notice,  abstract  irom  an  article  of  food  any  part  of  it  so  as  to  affect  inju- 
riously its  quality,  substance,  or  nature,  and  no  person  shall  sell  any  article  so  altered 
without  making  disclosure  of  the  alteration,  under  penalty  in  each  case  not  exceed- 
ing twenty  pounds. 

APPOINTMENT  AND  DUTIES  OF  ANALYSTS,  AND  PROCEEDINGS  TO  OBTAIN  ANALYSIS. 

(10)  In  the  city  of  London  and  the  liberties  thereof,  the  commissioners  of  sewers 
of  the  city  of  London  and  the  liberties  thereof,  and  iu  all  other  parts  of  themetrojiolis 
the  vestries  and  district  boards  acting  in  execution  of  the  act  for  the  better  local 
management  of  the  metropolis,  the  court  of  quarter  sessions  of  every  county,  and 
the  town  council  of  every  borough  having  a  separate  court  of  quarter  sessions,  or 
having  under  any  general  or  local  act  of  Parliament  or  otherwise  a  separate  police 
establishment,  may,  as  soon  as  convenient  after  the  passing  of  this  act,  where  no  ap- 
pointment has  hitherto  been  made,  and  in  all  cases  as  and  when  vacancies  occur,  or 
when  required  so  to  do  by  the  local  government  board,  shall,  for  their  respective  city> 
districts,  counties,  or  boroughs,  appoint  one  or  more  persons  possessing  competent 
knowledge,  skill,  and  experience,  as  analysts  of  all  articles  of  food  and  drugs  sold 
within  the  said  city,  metropolitan  districts,  counties  or  boroughs,  and  shall  pay  to 
such  analysts  such  remuneration  as  shall  be  mutually  agreed  upon,  and  may  remove 
him  or  them  as  they  shall  deem  proper;  but  such  appointments  and  removals  shall 
at  all  times  be  subject  to  the  approval  of  the  local  government  board,  who  may  re- 
quire satisfactory  proof  of  competency  to  be  supplied  to  them,  and  may  give  their 
approval  absolutely  or  with  modifications  as  to  the  period  of  the  appointment  and 
removal,  or  otherwise:  Provided,  That  no  person  shall  hereafter  be  appointed  an 
analyst  for  any  place  under  this  section  who  shall  be  engaged  directly  or  indirectly 
in  any  trade  or  business  connected  with  the  sale  of  food  or  drugs  in  such  place. 


LAWS  RELATIISG  TO  FOODS  AXD  BEVERAGES. 


157 


In  Scotland  the  like  powers  shall  be  conferred  and  the  like  duties  shall  be  imposed 
upon  the  commissioners  of  supply  at  their  ordinary  meetings  for  counties,  and  the 
commissioners  or  boards  of  police,  or  where  there  are  no  such  commissioners  or  boards, 
upon  the  town  councils  for  boroughs  within  their  several  jurisdictions;  provided 
that  one  of  Her  Majesty's  principal  secretaries  of  state  in  Scotland  shall  be  substitu- 
ted for  the  local  government  board  of  England. 

In  Ireland  the  like  powers  and  duties  shall  be  conferred  and  imposed  respectively 
upon  the  grand  jury  of  every  county  and  town  council  of  every  borough  ;  provided 
that  the  local  government  board  of  Ireland  shall  be  substituted  for  the  local  govern- 
ment board  of  England. 

(11)  The  town  council  of  auy  borough  may  agree  that  the  analyst  appointed  by 
any  neighboring  borough  or  for  the  count}^  in  which  the  borough  is  situated,  shall 
act  for  their  borough  during  such  time  as  the  said  council  shall  think  proper,  and 
shall  make  due  provision  for  the  payment  of  his  remnneratiou,  and  if  such  analyst 
sl^all  consent,  he  shall  during  such  time  be  the  analyst  for  such  borough  for  the  pur- 
poses of  this  act. 

(12)  Any  purchaser  of  an  article  of  food  or  of  a  drug  in  any  place  being  a  district, 
county,  city,  or  borough  where  there  is  any  analyst  appointed  under  this  or  any  act 
hereby  repealed  shall  be  entitled,  on  payment  to  such  analyst  of  a  sum  not  exceeding 
ten  shillings  and  sixpence,  or  if  there  be  no  such  analyst  then  acting  for  such  place, 
to  the  analyst  of  another  place,  of  such  sum  as  maybe  agreed  upon  between  such  per- 
son and  the  analyst,  to  have  such  article  analyzed  by  such  analyst,  and  to  receive 
from  him  a  certificate  of  the  result  of  his  analysis. 

(13)  Any  medical  ofi^cer  of  health,  inspector  of  nuisances  or  inspector  of  weights 
and  measures,  or  any  inspector  of  a  market,  or  auy  police  constable  under  the  direc- 
tion and  at  the  cost  of  the  local  authority  appointing  such  officer,  inspector,  or  consta- 
ble, or  charged  with  the  exejution  of  this  act,  may  procure  auy  sample  of  food  or 
drugs,  and  if  he  suspect  the  same  to  have  been  sold  to  him  contrary  to  any  provision 
of  this  act,  shall  submit  the  same  to  be  analyzed  by  the  analyst  of  the  district  or 
place  for  which  he  acts,  or  if  there  be  no  such  analyst  then  acting  for  such  place,  to 
the  analyst  of  another  j)lace,  and  such  analyst  shall,  upon  receiving  payment,  as  is 
provided  in  the  last  section,  with  all  convenient  speed  analyze  the  same  and  give  a 
certiticate  to  such  officer,  wherein  he  sliall  specify  the  result  of  the  analysis. 

(14)  The  person  purchasing  auy  article  with  the  intention  of  submitting  the  same 
to  analysis  shall,  after  the  purchase  shall  have  been  completed,  forthwith  notify  to 
the  seller  or  his  agent  selling  the  article  his  intention  to  have  the  same  analyzed  by 
the  public  analyst,  and  shall  offer  to  divide  the  article  iuto  three  parts,  to  be  then 
and  there  separated,  and  each  part  to  be  marked  and  sealed  or  fastened  up  in  such 
n-auner  as  its  nature  will  permit,  and  shall,  if  required  to  do  so,  proceed  accordingly, 
and  shall  deliver  one  of  the  parts  to  the  seller  or  his  agent. 

He  shall  afterwards  retain  one  of  the  said  parts  for  future  comparisou,  and  submit 
the  third  part,  if  he  deems  it  right  to  have  the  article  analyzed,  to  the  analyst. 

(1.5)  If  the  seller  or  his  agent  do  not  accept  the  offer  of  the  purchaser  to  divide  the 
article  purchased  in  his  presence,  the  analyst  receiving  the  article  for  analysis  shall 
divide  the  same  into  two  parts,  and  shall  seal  or  fasten  up  one  of  those  parts  and 
shall  cause  it  to  be  delivered,  either  upon  receipt  of  the  sample  or  when  he  supplies 
his  certificate  to  the  purchaser,  Avho  shall  retain  the  same  for  production  in  case  pro- 
ceedings shall  afterwards  be  taken  in  the  matter. 

(16)  If  the  analyst  do  not  reside  within  two  miles  of  the  residence  of  the  person 
requiring  the  article  to  be  analyzed,  such  article  may  be  forwarded  to  the  analyst 
through  the  post-office  as  a  registered  letter,  subject  to  any  regulations  which  the 
Postmaster-General  may  make  in  reference  to  the  carrying  and  delivery  of  such  arti- 
cle, and  the  charge  for  the  postage  of  such  article  shall  be  deemed  one  of  the  charges 
of  this  act  or  of  the  prosecution,  as  the  case  may  be. 

(17)  If  any  such  officer,  inspector,  or  constable,  as  above  described,  shall  apply  to 


158 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


purchase  an 3^  article  of  food  or  any  drug  exposed  to  sale,  or  on  sale  by  retail  on  any 
premises  or  in  any  shop  or  stores,  and  shall  tender  the  price  for  the  quantity  which 
he  shall  require  for  the  purpose  of  analysis,  not  being  more  than  shall  be  reasonably 
requisite,  and  the  person  exposing  the  same  for  sale  shall  refuse  to  sell  the  same  to 
such  ofllccr,  inspector,  or  constable,  such  person  shall  be  liable  to  a  penalty  not  ex- 
ceeding ten  pounds. 

(18)  The  certificate  of  the  analysis  shall  be  in  the  form  set  forth  in  the  schedule 
hereto,  or  to  the  like  effect. 

(19)  Every  analyst  appointed  under  any  act  hereby  repealed  or  this  act  shall  report 
quarterly  to  the  authority^  appointing  him  the  number  of  articles  analyzed  by  him 
under  this  act  during  the  foregoing  quarter,  and  shall  specify  the  result  of  each 
analysis  and  the  sum  paid  to  him  in  respect  thereof,  and  such  report  shall  be  pre- 
sented at  the  next  meeting  of  the  authority  appointing  such  analyst,  and  every  such 
authority  shall  annually  transmit  to  the  local  government  board,  at  such  time  and 
in  such  form  as  the  board  shall  direct,  a  certified  copy  of  such  quarterly  report. 

PROCEEDINGS  AGAINST  OFFENDERS. 

(20)  When  the  analyst  having  analyzed  any  article  shall  have  given  his  certificate 
of  the  result,  from  which  it  may  appear  that  an  offense  against  some  one  of  the  pro- 
visions of  this  act  has  been  committed,  the  person  causing  the  analysis  to  be  made 
may  take  proceedings  for  the  recovery  of  the  penaltj^  herein  imposed  for  such  offense, 
before  any  justices  in  petty  sessions  assembled  having  jurisdiction  in  the  place  where 
the  article  or  drug  sold  was  actually  delivered  to  the  purchaser,  in  a  summary  man- 
ner. 

Every  penalty  imposed  by  this  act  shall  be  recovered  in  England  in  the  manner  do- 
scribed  by  the  eleventh  and  twelfth  of  Victoria,  chapter  forty-three.  In  Ireland  such 
penalties  and  proceedings  shall  be  recoverable,  and  may  be  taken  with  respect  to  the 
police  district  of  Dublin  metropolis,  subject  and  according  to  the  provisions  of  any 
act  regulating  the  powers  and  duties  of  justice  of  the  peace  for  such  district,  or  of 
the  police  of  such  district ;  and  with  respect  to  other  parts  of  Ireland,  before  a  justice 
or  justices  of  the  peace  sitting  in  petty  sessions,  and  subject  and  according  to  the 
provisions  of  ''The  petty  sessions  (Ireland)  act,  1851,"  and  any  act  amending  the 
same. 

Every  penalty  herein  imposed  may  be  reduced  or  mitigated  according  to  the  judg- 
ment of  the  justices. 

(21)  At  the  hearing  of  the  information  in  such  proceeding  the  production  of  the 
certificate  of  the  analyst  shall  be  sutficient  evidence  of  the  facts  therein  stated,  unless 
the  defendant  shall  require  that  the  analyst  shall  be  called  as  a  witness,  and  the 
parts  of  the  articles  retained  by  the  person  who  purchased  the  article  shall  be  pro- 
duced, and  the  defendant  may,  if  he  think  fit,  tender  himself  and  his  wife  to  be  ex- 
amined on  his  behalf,  and  he  or  she  shall,  if  he  so  desire,  be  examined  accordingly. 

(22)  The  justice  before  whom  any  complaint  maybe  made,  or  the  court  before 
whom  any  appeal  may  be  heard,  under  this  act  may,  upon  the  request  of  either 
party,  in  their  discretion  cause  any  article  of  food  or  drug  to  be  sent  to  the  com- 
missioners of  inland  revenue,  who  shall  thereupon  direct  the  chemical  officers  of 
their  department  at  Somerset  House  to  make  the  analysis,  and  give  a  certificate  to 
such  justices  of  the  result  of  the  analysis ;  and  the  expenses  of  such  analysis  shall  be 
paid  by  the  complainant  or  the  defendant  as  the  justices  may  by  order  direct. 

(23)  Any  person  who  has  been  convicted  of  any  offense  punishable  by  an  act 
hereby  repealed  or  by  this  act  by  any  justices  may  appeal  in  England  to  the  next 
general  or  quarter  sessions  of  the  peace  which  shall  be  held  for  the  city,  county, 
town,  or  place  wherein  such  conviction  shall  have  been  made,  provided  that  such 
person  enter  into  a  recognizance  within  three  days  next  after  such  conviction,  with 
two  sufficient  sureties,  conditioned  to  try  such  appeal,  and  to  be  forthcoming  to  abide 
the  judgment  and  determination  of  the  court  at  such  general  or  quarter  sessions,  and 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


159 


to  pay  such  costs  as  shall  be  by  such  court  awarded  ;  and  the  justices  before  whom 
such  conviction  shall  be  had  are  hereby  empowered  and  required  to  take  such  recog- 
nizance;  and  the  court  at  such  general  or  quarter  sessions  are  hereby  required  to 
hear  and  determine  the  matter  of  such  appeal,  and  may  award  such  costs  to  the  party 
appealincj  or  appealed  against  as  they  or  he  shall  think  proper. 

In  Ireland  any  person  w'ho  has  been  convicted  of  an  offense  punishable  bj^this  act 
may  appeal  to  the  next  court  of  quarter  sessions  to  be  held  in  the  same  division  of 
the  co;iuty  where  the  conviction  shall  be  made  by  any  justice  or  justices  in  any 
petty  sessions  district,  or  to  the  recorder  at  his  next  sessions  where  the  conviction 
shall  be  made  by  the  divisional  justices  in  the  police  district  of  Dublin  metropolis, 
or  to  the  recorder  of  any  corporate  or  borough  town  (unless  when  any  such  sessious 
shall  commence  within  ten  days  from  the  date  of  any  such  conviction,  in  which  case, 
if  the  appellant  sees  tit,  the  appeal  may  be  made  to  the  next  succeeding  sessions  to 
be  held  for  such  division  or  town),  and  it  shall  be  lawful  for  such  court  of  quarter 
sessions  or  recorder  (as  the  case  may  be)  to  decide  such  appeal,  if  made  in  such  form 
and  manner  and  with  such  notices  as  are  required  by  the  said  petty  sessious  acts 
respectively  hereinbefore  mentioned  as  to  appeals  against  orders  made  by  justices  at 
petty  sessions,  and  all  the  provisions  of  the  said  petty  sessions  acts  respectively  as 
to  making  appeals  and  as  to  executing  the  orders  made  or  appeal,  or  the  original 
orders  where  the  appeals  shall  not  be  duly  prosecuted,  shall  also  apply  to  any  appeal 
made  under  this  act. 

(24)  In  any  prosecution  under  this  act,  where  the  fact  of  an  article  having  been 
sold  in  a  mixed  state  has  been  proved,  if  the  defendant  shall  desire  to  rely  upon  any 
exception  or  provision  contained  in  this  act,  it  shall  be  incumbent  upon  him  to  prove 
the  same. 

(25)  If  the  defendant  in  any  prosecution  under  this  act  prove  to  the  satisfaction  of 
the  justices  or  court  that  he  had  purchased  the  article  in  question  as  the  same  in 
nature,  substance,  and  quality  as  that  demanded  of  him  by  the  prosecutor,  and  with 
a  written  warranty  to  that  effect,  that  he  had  no  reason  to  believe  at  the  time  when 
he  sold  it  that  the  article  was  otherwise,  and  that  he  sold  it  in  the  same  state  as  when 
he  purchased  it,  he  shall  be  discharged  from  the  prosecution,  but  shall  be  liable  to 
pay  the  costs  incurred  by  the  prosecution,  unless  he  shall  have  given  due  notice  to 
him  that  he  will  rely  on  the  above  defense. 

(26)  Every  penalty  imposed  and  recovered  under  this  act  shall  be  paid  in  the  case 
of  a  prosecution  by  any  officer,  inspector,  or  constable  of  the  authority  who  shall 
have  apjiointed  an  analyst  or  agreed  to  the  acting  of  an  analyst  within  their  district, 
to  such  officer,  inspector,  or  constable,  and  shall  be  by  him  paid  to  the  authority  for 
whom  he  acts,  and  be  applied  toward  the  expense  of  executing  this  act,  any  statute 
to  the  contrary  notwithstanding;  but  in  the  case  of  any  other  prosecution  the  same 
shall  be  paid  and  applied  in  England  according  to  the  law  regulating  the  application 
of  penalties  for  offenses  punishable  in  a  summary  manner,  aad  in  Ireland  in  the  man- 
ner directed  by  the  lines  act,  Ireland,  1851,  and  the  acts  amending  the  same. 

(27)  Any  person  who  shall  forge,  or  shall  utter,  knowing  it  to  be  forged  for  the 
purposes  of  this  act,  any  certiticate  or  any  writing  purporting  to  contain  a  warranty, 
shall  be  guilty  of  a  misdemeanor  and  be  punishable  on  conviction  hy  imprisonment 
for  a  term  of  not  exceeding  two  years  with  hard  labor. 

Every  person  who  shall  willfully  ai^ply  to  an  article  of  food,  or  a  drug,  in  any  pro- 
ceedings under  this  act,  a  certificate  or  warranty  given  in  relation  to  any  other  arti- 
cle or  drug,  shall  be  guilty  of  an  offense  under  this  act,  and  be  liable  to  a  penalty  not 
exceeding  twenty  pounds. 

Every  person  who  shall  give  a  false  warranty  in  writing  to  any  purchaser  in  re- 
spect of  an  article  of  food  or  a  drug  sold  by  him  as  principal  or  agent,  shall  be  guilty 
of  an  offense  under  this  act,  and  be  liable  to  a  penalty  not  exceeding  twenty  pounds. 

And  every  person  who  shall  willfully  give  a  label  with  any  article  sold  by  him  which 
shall  falsely  describe  the  article  sold,  shall  be  guilty  of  an  offense  under  this  act,  and 
be  liable  to  a  penalty  not  exceeding  twenty  pounds. 


160 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


(28)  Nothing  iu  this  act  contained  shall  affect  the  power  of  proceeding  by  indict- 
ment, or  take  away  any  other  remedy  against  any  offender  under  this  act,  or  in  any 
■way  interfere  with  contracts  and  bargains  between  individuals,  and  the  rights  and 
remedies  belonging  thereto. 

Provided,  That  iu  anj  action  brought  by  any  person  for  a  breach  of  contract  on  the 
sale  of  auj"  article  of  food  or  of  any  drug,  such  person  may  recover  alone  or  in  addi- 
tion to  any  other  damages  recoverable  by  him  the  amount  of  any  penalty  in  which 
he  may  have  been  convicted  under  this  act,  together  with  the  costs  paid  by  him  upon 
such  conviction  and  those  incurred  by  him  in  and  about  the  defense  thereto,  if  he 
prove  that  the  article  or  drug  the  subject  of  such  conviction  was  sold  to  him  as  and 
for  an  article  or  drug  of  the  same  nature,  substance  and  quality  as  that  which  was 
demanded  of  him,  and  tha  t  he  purchased  it  not  knowing  it  to  be  otherwise,  and  after- 
wards sold  it  in  the  same  state  in  which  he  had  purchased  it ;  the  defendant  iu  such 
action  being  nevertheless  at  liberty  to  prove  that  the  conviction  was  wrongful,  or  that 
the  amount  of  costs  awarded  or  claimed  w^as  unreasonable. 

EXPENSES  OF  EXECUTING  THE  ACT. 

(29)  The  expenses  of  executing  this  act  shall  be  borne,  in  the  city  of  London  and 
the  liberties  thereof,  by  the  consolidated  rates  raised  by  the  commissioners  of  sewers 
of  the  city  of  London  and  the  liberties  thereof,  and  in  the  rest  of  the  metropolis  by 
any  rates  or  funds  applicable  to  the  jjurposes  of  the  act  for  the  better  local  manage- 
ment of  the  metropolis,  and  otherwise  as  regards  England,  in  counties  by  the  county 
rate,  and  in  boroughs  by  the  borough  fund  or  rate. 

And  as  regards  Ireland,  in  counties  by  the  grand  jury  cess,  and  in  boroughs  by  the 
borough  fund  or  rate;  all  such  expenses  payable  in  any  county  out  of  grand  jury  cess 
shall  be  paid  by  the  treasurer  of  such  county  ;  and 

The  grand  jury  of  any  such  county  shall,  at  any  assizes  at  which  it  is  proved  that 
any  such  expenses  have  been  incurred  or  paid  without  i^revious  application  to  pre- 
sentment sessions,  present  to  be  raised  off  and  paid  by  such  county  the  moneys  re- 
quired to  defray  the  same. 

SPECIAL  PROVISIONS  AS  TO  TEA. 

(30)  From  and  after  the  first  day  of  January,  one  thousand  eight  hundred  and 
seventy-six,  all  tea  imported  as  merchandise  into,  and  lauded  at  any  port  in  Great 
Britain  or  Ireland,  shall  be  subject  to  examination  by  persons  to  be  appointed  by 
the  commissioners  of  customs,  subject  to  the  approval  of  the  treasury,  for  the  in- 
spection and  analysis  thereof,  for  which  purpose  samples  may,  when  deemed  neces- 
sary by  such  inspectors,  be  taken,  and  with  all  convenient  speed,  be  examined  by  the 
analysts  to  be  so  appointed ;  and  if  upon  such  analysis  the  same  shall  bo  found  to  be 
mixed  with  other  substances  or  exhausted  tea,  the  same  shall  not  be  delivered  unless 
with  the  sanction  of  the  said  commissioners,  and  on  such  terms  and  conditions  as 
they  shall  see  fit  to  direct,  either  for  home  consumption  or  for  use  as  ships'  stores  or 
for  exportation ;  but  if  on  such  inspection  and  analysis,  it  shall  appear  that  such  tea 
is  in  the  opinion  of  the  analyst  unfit  for  hunum  food,  the  same  shall  be  forfeited  and 
destroyed,  or  otherwise  disposed  of  in  such  manner  as  the  said  commissions  may 
direct. 

(31)  Tea,  to  which  the  term  "  exhausted"  is  applied  in  this  act,  shall  mean  aud  in- 
clude any  tea  which  has  been  dei^rived  of  its  proper  quality,  strength,  or  virtue,  by 
steeping,  infusion,  decoction,  or  other  means. 

(32)  For  the  purposes  of  this  act,  every  liberty  of  a  cinque  port,  not  comprised 
within  the  jurisdiction  of  a  borough,  shall  bo  part  of  the  county  in  which  it  is  situ- 
ated, and  subject  to  the  jurisdiction  of  the  justices  of  such  county. 

(33)  In  the  application  of  this  act  to  Scotland,  the  following  provisions  shall  have 
effect : 

(rt)  The  term    misdemeanor  "  shall  mean  "  a  crime  or  offense." 

(6)  The  term  "defendant"  shall  mean  "  defender  "  and  include  "respondent." 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


161 


(c)  The  term  "information"  shall  include  "complaint." 

(d)  This  act  shall  be  read  and  construed  as  if  for  the  term  "justices,"  wherever  it 
occurs  therein,  the  term  "sheriff"  were  substituted. 

(e)  The  term  "sheriff"  shall  include  "sheriff  substitute." 

(/)  The  term  "borough"  shall  mean  any  royal  burgh,  and  any  burgh  returning 
or  contributing  to  return  a  member  to  Parliament. 

(g)  The  expenses  of  executing  this  act  shall  be  borne,  in  Scotland,  in  counties,  by 
the  county  general  assessment,  and  in  burghs  by  the  police  assessment, 

(A)  This  act  shall  be  read  and  construed  as  if  for  the  expression,  "  the  lo'^.al  gov- 
ernment board,"  wherever  it  occurs  therein,  the  expression  "one  of  her  majesty's 
principal  secretaries  of  state"  were  substituted. 

(i)  All  penalties  provided  by  this  act  to  be  recovered  in  a  summary  manner  shall 
he  recovered  before  the  sheriff"  court,  or  at  the  option  of  the  person  seeking  to  recover 
the  same  in  the  police  court,  in  any  place  where  a  sheriff  officiates  as  a  police 
magistrate  under  the  provisions  of  "the  summary  procedure  act,  1864,"  or  of  the 
police  act  in  force  for  the  time  in  any  place  in  which  a  sheriff  officiates  as  aforesaid, 
and  all  the  jurisdiction,  powers,  and  authorities  necessary  for  this  purpose  are  hereby 
conferred  on  sheriffs. 

Every  such  penalty  may  be  recovered  at  the  instance  of  the  procurator  fiscal  of 
the  jurisdiction,  or  of  the  person  who  caused  the  analysis  to  be  made  from  which  it 
appeared  that  an  offense  had  been  committed  against  some  one  of  the  provisions  of 
this  act. 

Every  penalty  imposed  and  recovered  under  this  act  shall  be  paid  to  the  clerk  of 
the  court,  and  by  him  shall  be  accounted  for  and  paid  to  the  treasurer  of  the  county 
general  assessment,  or  the  police  assessment  of  the  burgh,  as  the  sheriff  shall  direct. 

(j)  Every  penalty  imposed  by  this  act  maybe  reduced  or  mitigated  according  to 
the  judgment  of  the  sheriff. 

(A;)  It  shall  be  competent  to  any  person  aggrieved  by  any  conviction  by  a  sheriff"  in 
any  summary  proceeding  under  this  act  to  appeal  against  the  same  to  the  next  circuit 
court,  or  where  there  are  no  circuit  courts  to  the  high  court  of  justiciary  at  Edin- 
burgh, in  the  manner  prescribed  by  such  provisions  of  the  act  of  the  twentieth  year 
of  the  reign  of  King  George  the  Second,  chapter  forty-three,  and  any  acts  amending 
the  same,  as  relate  to  appeals  in  matters  criminal,  and  by  and  under  the  rules,  limit- 
ations, conditions,  and  restrictions  contained  in  the  said  provisions. 

(34)  In  the  application  of  this  act  to  Ireland  the  term  "borough"  shall  mean  any 
borough  subject  to  the  act  of  the  session  of  the  third  and  fourth  years  of  the  reign 
of  Her  present  Majesty,  chapter  one  hundred  and  eight,  entitled  "An  act  for  the  regu- 
lation of  municipal  corporations  in  Ireland." 

The  term  "county"  shall  include  a  county  of  a  city  and  a  county  of  a  town  not  be- 
ing ii  borough. 

The  term  "assizes"  shall,  with  respect  to  the  county  of  Dublin,  mean  "presenting 
term." 

The  term  "treasurer  of  the  county  "  shall  include  any  person  or  persons  or  bank  in 
any  county  performing  duties  analogous  to  those  of  the  treasurer  of  the  county  in 
counties,  and  with  respect  to  the  county  of  Dublin,  it  shall  mean  the  finance  com- 
mittee. 

The  term  "police  constable  "  shall  mean,  with  respect  to  the  police  district  of  Dub- 
lin metropolis,  constable  of  the  Dublin  metropolitan  police,  and  with  respect  to  any 
other  part  of  Ireland,  constable  of  the  Royal  Irish  constabulary. 

(35)  This  act  shall  commence  on  the  first  day  of  October,  one  thousand  eight  hun- 
dred  and  seventy-five. 

(36)  This  act  may  be  cited  as  "the  sale  of  food  and  drugs  act,  1875." 

19150— No.  32  11 


162 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


CANADA. 

The  Canadian  law  is  as  follows,  in  addition  to  which  there  is  an  elab- 
orate act  respecting  the  inspection  of  staple  articles  of  Canadian  pro- 
duce : 

Chapter  107. — An  act  respecting  the  adulteration  of  food,  drugs,  and  agricultural  fertilizers. 
Her  Majesty,  by  and  witli  the  advice  and  consent  of  the  Senate  and  House  of  Com- 
mons of  Canada,  enacts  as  follows  : 

SHORT  TITLE. 

1.  This  act  may  be  cited  as  "  The  aduUeration  acV^ — 48-49  V.,  c.  67,  s.  1. 

INTERPRETATIONS. 

2.  In  this  act,  unless  the  context  otherwise  requires — 

(a)  The  expression  food"  includes  every  article  used  for  food  or  drink  by  man  or 
by  cattle, 

(b)  The  expression  "  drug  "  includes  all  medicines  for  internal  or  external  use  for 
man  or  for  cattle. 

(c)  The  expression  "  agricultural  fertilizer  "  means  and  includes  every  substauce 
imported,  manufactured,  prepared,  or  disposed  of  for  fertilizing  or  manuring  purposes 
which  is  sold  at  more  than  ten  dollars  per  ton  and  which  contaius  phosphoric  acid 
or  ammonia  or  its  equivalent  of  nitrogeu. 

(d)  The  expression  "  officer"  means  any  ofiScer  of  inland  revenue  or  any  person  au- 
thorized under  this  act  or  "  the  fertilizers  act "  to  procure  samples  of  articles  of  food, 
drugs,  or  agricultural  fertilizers,  and  to  submit  them  for  analysis. 

(e)  Food  shall  be  deemed  to  be  "  adulterated  "  within  the  meaning  of  this  act — 

(1)  If  any  substance  has  been  mixed  with  it  so  as  to  reduce  or  lower  or  injuriously 
aftect  its  quality  or  strength. 

(2)  If  any  inferior  or  cheaper  substance  has  been  substituted,  wholly  or  in  part,  for 
the  article. 

(3)  If  any  valuable  constituent  of  the  article  has  been  w^holly  or  in  part  ab- 
stracted. 

(4)  If  it  is  an  imitation  of,  or  is  sold  under  the  name  of,  another  article. 

(5^  If  it  consists  wholly  or  in  part  of  a  diseased  or  decomposed  or  putrid  or  rotten 
animal  or  vegetable  substance,  whether  manufactured  or  not,  or,  in  the  case  of  milk 
or  butter,  if  it  is  the  produce  of  a  diseased  animal  or  of  an  animal  fed  upon  unwhole- 
some food. 

(6)  If  it  contains  any  added  poisonous  ingredient  or  any  ingredient  which  may 
render  such  an  article  injurious  to  the  health  of  a  person  consuming  it. 

(/)  Every  drug  shall  be  deemed  to  be  "  adulterated"  within  the  meauiug  of  this 
act — 

(1)  If,  when  sold  or  offered  or  exposed  for  sale  under  or  by  a  name  recognized  in 
the  British  or  United  States  pharmacopoeia,  it  differs  from  the  standard  of  strength, 
quality,  or  purity  laid  down  therein. 

(2)  If,  when  sold  or  offered  or  exposed  for  sale  under  or  by  a  name  not  recognized 
in  the  British  or  United  States  pharmacopoeia,  but  which  is  found  in  some  other  gen- 
erally recognized  pharmacopoeia  or  other  standard  work  on  materia  medica,  it  differs 
from  the  standard  of  strength,  quality,  or  purity  laid  down  in  such  work. 

(3)  If  its  strength  or  purity  falls  below  the  professed  standard  under  which  it  is 
sold  or  offered  or  exposed  for  sale. 

(<7)  Provided,  that  the  foregoing  definitions  as  to  the  adulteration  of  food  and 
drugs  shall  not  apply — 

(1)  If  any  matter  or  ingredient  not  injurious  to  health  has  been  added  to  the  food 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


163 


or  drug  because  the  same  is  required  for  the  production  or  preparation  thereof  as  an 
article  of  commerce,  in  a  state  fit  for  carriage  or  consumption,  and  not  fraudulently 
to  increase  the  bulk,  weight,  or  measure  of  the  food  or  drug  or  to  conceal  the  inferior 
quality  thereof,  if  such  articles  are  distinctly  labeled  as  a  mixture,  in  conspicuous 
characters,  forming  an  inseparable  part  of  the  general  label,  which  shall  also  bear 
the  name  and  address  of  the  manufacturer. 

(2)  If  the  food  or  drug  is  a  proprietary  medicine,  or  is  the  subject  of  a  patent  in 
force,  and  is  supplied  in  the  state  required  by  the  specification  of  the  patent. 

(3)  If  the  food  or  drug  is  unavoidably  mixed  with  some  extraneous  matter  in  the 
process  of  collection  or  preparation. 

(4)  If  any  articles  of  food  not  injurious  to  the  health  of  the  person  consumiug  the 
same  are  mixed  together  and  sold  or  offered  for  sale  as  a  compound,  and  if  such  ar- 
ticles are  distinctly  labeled  as  a  mixture,  in  conspicuous  characters,  forming  an  in- 
separable part  of  the  general  label,  which  shall  also  bear  the  name  and  address  of 
the  manufacturer. 

(h)  Every  agricultural  fertilizer  shall  be  deemed  to  be  "  adulterated"  within  the 
meaning  of  this  act  if,  when  sold,  olfered,  or  exposed  for  sale,  the  chemical  analysis 
thereof  shows  a  deficiency  of  more  than  one  per  cent  of  any  of  the  chemical  sub- 
stances, the  percentages  whereof  are  required  to  be  specified  in  the  certificate,  by 
''the  fertilizers  act"  required  to  be  affixed  to  each  barrel,  box,  sack,  or  package  con- 
taining the  same,  or  (if  the  agricultural  fertilizer  is  in  bulk)  to  be  produced  to  the 
inspector ;  or  if  it  contains  less  than  the  minimum  percentage  of  such  substances 
required  by  the  said  act  to  be  contained  in  such  fertilizer.    (48-49  V.,  c.  67,  s.  2.) 

ANALYSIS. 

3.  The  governor  in  council  may  appoint  one  or  more  persons  possessing  competent 
medical,  chemical  and  microscopical  knowledge  as  analysts  of  food,  drugs,  and  agri- 
cultural fertilizers  purchased,  sold,  or  exposed  or  ofi"ered  for  sale  within  such  terri- 
torial limits  as  are  assigned  to  each  of  Ihem  respectively,  and  may  also  select  from 
among  the  aforesaid  analysts  so  appointed,  or  may  appoint  in  addition  thereto,  a 
chief  analyst,  who  shall  be  attached  to  the  staff"  of  the  department  of  inland  revenue 
at  Ottawa. 

(2)  No  analyst  shall  be  appointed  until  he  has  undergone  an  examination  before  a 
special  examining  board  appointed  by  the  governor  in  council,  and  until  he  has  ob- 
tained from  such  board  a  certificate  setting  forth  that  he  is  duly  qualified  to  perform 
the  duties  attached  to  the  office  of  analyst.    (48-49  V.,  c.  67,  s.  3;  49  V.,  c.  41,  s.  1.) 

4  The  governor  in  council  may  cause  such  remuneration  to  be  paid  to  such  chief 
analyst  and  to  such  analysts  as  he  deems  proper,  and  such  remuneration,  whether  by 
fees,  or  salary,  or  partly  in  one  waj  ,  and  partly  in  the  other,  may  be  paid  to  them  out 
of  any  sums  voted  by  Parliament  for  the  purposes  of  this  act.    (48-49  V.,  c.  67,  s.  4.) 

5.  The  officers  of  inland  revenue,  the  inspectors  and  deputy  inspectors  of  weights 
and  measures,  and  the  inspectors  and  deputy  inspectors  acting  under  "the  general 
inspection  act,^^  or  any  of  them,  shall,  when  required  so  to  do  by  any  regulation  made 
in  that  behalf  by  the  minister  of  inland  revenue,  procure  and  submit  samples  of  food, 
drugs,  or  agricultural  fertilizers  suspected  to  be  adulterated,  to  be  analyzed  by  the 
analysts  appointed  under  this  act.    (48-49  V.,  c.  67,  s.  5.) 

6.  The  council  of  any  city,  town,  county,  or  village  may  appoint  one  or  more  in- 
spectors of  food,  drugs,  and  agricultural  fertilizers ;  and  such  inspectors  shall,  for  the 
purposes  of  this  act,  have  all  the  powers  by  this  act  vested  in  officers  of  inland  rev- 
enue ;  and  any  such  inspector  may  require  any  public  analyst  to  analyze  any  samples 
of  food,  drugs,  or  agricultural  fertilizers  collected  by  him,  if  such  samples  have  been 
collected  in  accordance  with  the  requirements  of  this  act. 

(2)  The  said  analyst  shall,  upon  tender  of  his  fees  fixed  for  the  analysis  of  such 
class  of  articles  by  the  governor  in  council,  forthwith  analyze  the  same,  and  give  the 
inspector  a  certificate  of  such  analysis. 


164  LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


(3)  Such  inspector  may  prosecute  any  person  manufacturing,  selling,  or  offering  or 
exposing  for  sale  within  the  city,  county,  town,  or  village  for  which  he  is  appointed 
inspector,  any  article  of  food,  drug,  or  agricultural  fertilizer  which  has  been  certiiied 
by  any  public  analyst  to  have  been  adulterated  within  the  meaning  of  this  act. 

(4)  Notwithstanding  any  other  provision  of  this  act  in  respect  of  the  disposition  of 
penalties,  all  penalties  imposed  and  recovered  at  the  suit  of  any  such  inspector  shall 
be  paid  into  the  revenue  of  the  city,  county,  town,  or  village  by  the  council  of  which 
such  inspector  was  appointed,  and  may  be  distributed  in  such  manner  as  the  council 
of  such  city,  county,  town,  or  village  by  by-law  directs.    (48-49  Y.,  c.  67,  s.  6.) 

7.  Any  officer  may  procure  samples  of  food,  drugs,  or  agricultural  fertilizers  which 
have  not  been  declared  exempt  from  the  provisions  of  this  act,  from  any  person  who 
has  such  articles  in  his  possession  for  the  purpose  of  sale,  or  who  sells  or  exposes  the 
same  for  sale  ;  and  he  may  procure  such  samples  either  by  purchasing  the  same  or 
by  requiring  the  person  in  whose  possession  they  are  to  show  him  and  allow  him  to 
inspect  all  such  articles  in  his  possession,  and  the  place  or  places  in  which  such  arti- 
cles are  stored,  and  to  give  him  samples  of  such  articles,  on  payment  or  tender  of  the 
value  of  such  samples.    (48-49  Y.,  c.  67,  s.  7.) 

8.  If  the  person  who  has  such  articles  in  his  possession,  or  his  agent  or  servant,  re- 
fuses or  fails  to  admit  the  officer,  or  refuses  or  omits  to  show  all  or  any  of  the  said 
articles  in  his  possession,  or  the  place  in  which  any  such  articles  are  stored,  or  to 
permit  the  officers  to  inspect  the  same,  or  to  give  any  samples  thereof,  or  to  furnish 
the  officer  with  such  light  or  assistance  as  he  requires,  when  required  so  to  do  in 
pursuance  of  this  act,  he  shall  be  liable  to  the  same  penalty  as  if  he  knowingly  sold 
or  exposed  for  sale  adulterated  articles  knowing  them  to  be  adulterated.  (48-49  Y., 
c.  67,  s.  8.) 

9.  The  officer  purchasing  any  article  with  the  intention  of  submitting  the  same  to 
bo  analyzed,  shall,  after  the  purchase  has  been  completed,  forthwith  notify  the  seller 
or  his  agent  selling  the  article  of  his  intention  to  have  the  same  analyzed  by  the  pub- 
lic analyst,  and  shall,  except  in  specific  cases,  respecting  which  provision  is  made  by 
the  governor  in  council,  divide  the  article  into  three  parts— to  be  then  and  there  sepa- 
rated, and  each  part  to  be  marked  and  sealed  up,  as  its  nature  permits — and  shall 
deliver  one  of  the  parts  to  the  seller  or  his  agent,  if  required  by  him  so  to  do. 

(2)  He  shall  transmit  another  of  such  parts  to  the  minister  of  inland  revenue  for 
submission  to  the  chief  auaylist  in  case  of  appeal,  and  shall  submit  the  remaining 
part  to  the  analyist  for  the  district  within  which  the  samples  were  taken,  unless 
otherwise  directed  by  the  minister  of  inland  revenue.    (48-49  Y,,  c.  67,  s.  9.) 

10.  The  person  from  whom  any  sample  is  obtained  under  this  act  may  require  the 
officer  obtaining  it  to  annex  to  the  vessel  or  package  containing  the  part  of  the  sam- 
ple which  he  is  hereby  required  to  transmit  to  the  minister  of  inland  revenue  the  name 
and  address  of  such  person,  and  to  secure,  with  a  seal  or  seals  belonging  to  him,  the 
vessel  or  package  containing  such  part  of  the  sample,  and  the  address  annexed  thereto, 
in  such  manner  that  the  vessel  or  package  can  not  be  opened,  or  the  name  and  address 
taken  off,  without  breaking  such  seals;  and  the  certificate  of  the  chief  analyst  shall 
state  the  name  and  address  of  the  person  from  whom  the  said  sample  was  obtained, 
that  the  vessel  or  package  was  not  open,  and  that  the  seals,  securing  to  the  vessel  or 
package  the  name  and  address  of  such  person,  were  not  broken  until  such  time  as  he 
opened  the  vessel  or  package  for  the  purpose  of  making  his  analysis ;  and  in  such 
case  no  certificate  shall  be  receivable  in  evidence,  unlese  there  is  contained  therein 
such  statement  as  above,  or  a  statement  to  the  like  effect.    (48-49  Y.,  c.  67,  s.  10.) 

11.  When  the  officer  has,  by  either  of  the  means  aforesaid,  procured  samples  of  the 
articles  to  be  analyzed,  he  shall  cause  the  same  to  be  analyzed  by  one  of  the  analysts 
appointed  under  this  act,  and  if  it  appears  to  the  analyst  that  the  sample  is  adulter- 
ated within  the  meaning  of  this  act,  he  shall  certify  such  fact,  stating  in  such  cer- 
tificate, in  the  case  of  an  article  of  food  or  a  drug,  whether  such  adulteration  is  of  a 
nature  injurious  to  the  health  of  the  person  consuming  the  same  ;  and  the  certificate 
80  given  shall  be  received  as  evidence  in  any  proceedings  taken  against  any  person  in 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


165 


pursuance  of  this  act,  subject  to  the  right  of  any  person  against  whom  proceedings 
are  taken  to  require  the  attendance  of  the  analyst,  for  the  purposes  of  cross-examina- 
tion.   (48-49  v.,  c.  67,  s.  11.) 

12.  If  the  vendor  of  the  article  respecting  which  such  certificate  is  given  deems 
himself  aggrieved  thereby,  he  may,  within  forty-eight  hours  of  the  receipt  of  the  first 
notification  of  the  intention  of  the  officer  or  other  purchaser  to  take  proceedings 
against  him  (whether  such  notification  is  given  by  the  purchaser  or  by  the  ordinary 
process  of  law),  notify  the  said  officer  or  purchaser  in  writing  that  he  intends  to  appeal 
from  the  decision  of  the  analyst  to  the  judgment  of  the  chief  analyst ;  and  in  such 
case  the  officer  or  purchaser  shall  transmit  such  notification  to  the  chief  analyst,  and 
the  chief  analyst  shall,  with  all  convenient  speed,  analyze  the  part  of  the  sample 
transmitted  to  the  minister  of  inland  revenue  for  that  purpose,  and  shall  report  thereon 
to  the  said  minister;  and  the  decision  of  such  chief  analyst  shall  be  final,  and  his 
certificate  thereof  shall  have  the  same  effect  as  the  certificate  of  the  analyst  in  the 
next  preceding  section  mentioned.    (48-49  V.,  c.  67,  s.  12.) 

13.  Every  analyst  appointed  under  this  act  shall  report  quarterly  to  the  minister 
of  inland  revenue  the  number  of  articles  of  food,  drugs,  and  agricultural  fertilizers 
analyzed  by  bim  under  this  act  during  ihe  preceding  quarter,  and  shall  specify  the 
nature  and  kind  of  adulterations  detected  in  such  articles  of  food,  drugs,  and  agri- 
cultural fertilizers  ;  and  all  such  reports,  or  a  synopsis  of  them,  and  the  names  of  the 
vendors  or  persons  from  whom  obtained,  and  of  the  manufacturers  when  known,  shall 
be  printed  and  laid  before  Parliament  as  an  appendix  to  the  annual  report  of  the  said 
minister.    (48-49  V.,  c.  67,  s.  13.) 

ADULTERATION. 

14.  No  person  shall  manufacture,  expose,  or  offer  for  sale,  or  sell  any  food,  drug,  or 
agricultural  fertilizer  which  is  adulterated  within  the  meaning  of  this  act.  (48-49  V. 
c.  67,  8.  14. ) 

15.  If  milk  is  sold,  or  offered  or  exposed  for  sale,  after  any  valuable  constituent  of 
the  article  has  been  abstracted  therefrom,  or  if  water  has  been  added  thereto,  or  if  it 
is  the  product  of  a  diseased  animal  fed  upon  unwholesome  food,  it  shall  be  deemed  to 
have  been  adulterated  in  a  manner  injurious  to  health,  and  such  sale,  offer,  or  ex- 
posure for  sale  shall  render  the  vendor  liable  to  the  penalty  hereinafter  provided  in 
respect  to  the  sale  of  adulterated  food;  except  that  skimmed  milk  may  be  sold  as 
such  if  contained  in  cans  bearing  upon  their  exterior,  within  twelve  inches  of  the 
tops  of  such  vessels,  the  word  skimmed"  in  letters  of  not  less  than  two  inches  in 
length,  and  served  in  measures  also  similarly  marked ;  but  any  person  supplying 
such  skimmed  milk,  unless  such  quality  of  milk  has  been  asked  for  by  the  purchaser, 
shall  not  be  entitled  to  plead  the  provisions  of  this  section  as  a  defense  to  or  in  exten- 
uation of  any  violation  of  this  act. 

(2)  Nothing  in  this  section  shall  he  interpreted  to  permit  or  warrant  the  admix- 
ture of  water  with  milk,  or  any  other  process  than  the  removal  of  cream  by  skim- 
ming.   (48-49  v.,  c.  67,  s.  15.) 

16.  Vinegar  sold,  or  offered  or  exposed  for  sale,  shall  be  deemed  to  be  adulterated 
in  a  manner  injurious  to  health  if  any  mineral  acid  has  been  added  thereto  or  if  it 
contains  any  soluble  salt  having  copper  or  lead  as  a  base  thereof,  whether  such  min- 
eral acid  or  salt  is  added  either  during  the  process  of  manufacture  or  subsequently. 
(48-49  v.,  c.  67,  s.  16.) 

17.  Alcoholic,  fermented,  or  other  potable  liquors  sold  or  offered  or  exposed  for  sale 
shall  be  deemed  to  have  been  adulterated  in  a  manner  injurious  to  health  if  they  are 
found  to  contain  any  of  the  articles  mentioned  in  the  schedule  of  this  act  or  any 
article  hereafter  added  to  such  schedule  by  the  governor  in  council,  (48-49  V.,  c.  67, 
s.  17.) 

18.  The  governor  in  council  may  from  time  to  time  declare  certain  articles  or  prepa- 
rations exempt  in  whole  or  in  part  from  the  provisions  of  this  act,  and  may  add  to  the 


166 


LAWS  EELATING  TO  FOODS  AND  BEVERAGES. 


schedule  to  this  act  any  article  or  ingredient  the  addition  of  which  is  by  him  deemed 
necessary  in  the  public  interest;  and  every  order  in  council  in  that  behalf  shall  be 
published  in  the  Canada  Gazette,  and  shall  take  effect  at  the  expiration  of  thirty  days 
from  the  date  of  such  publication.    (48-49  Y.^  c.  67,  s.  18.) 

19.  The  governor  in  council  shall,  from  time  to  time,  cause  to  be  prepared  and  pub- 
lished lists  of  the  articles,  mixtures,  or  compounds  declared  exempt  from  the  provi- 
sions of  this  act,  in  accordance  with  the  next  preceding  section,  and  shall  also,  from 
time  to  time,  fix  the  limits  of  variability  permissible  in  any  article  of  food  or  drug  or 
compound  the  standard  ot  which  is  not  established  by  any  such  pharmacopoeia  or 
standard  work  as  is  hereinbefore  mentioned ;  and  the  orders  in  council  fixing  the  same 
shall  be  published  in  the  Canada  Gazette  and  shall  take  effect  at  the  expiration  of 
thirty  days  after  the  publication  thereof.    (48-49  V.,  c.  67,  s.  19. ) 

20.  Whenever  any  article  or  food,  any  drug,  or  any  agricultural  fertilizer  is  reported 
by  any  analyst  as  being  adulterated  within  the  meaning  of  this  act,  the  minister  of 
inland  revenue  may,  if  he  thinks  fit,  order  such  article  and  all  other  articles  of  the 
same  kind  and  quality,  which  were  in  the  same  place  at  the  time  the  article  analyzed 
was  obtained,  to  be  seized  by  any  officer  of  customs  or  inland  revenue  and  detained 
by  him  until  an  analysis  of  samples  of  the  whole  is  made  by  the  chief  analyst.  (48-49 
V.,c.67,s.-20.) 

21.  If  the  chief  analyst  reports  to  the  minister  of  inland  revenue  that  the  whole  or 
any  part  of  such  articles  are  adulterated,  the  minister  may  declare  such  article,  or  so 
much  thereof  as  the  chief  analyst  reports  as  being  adulterated,  to  be  forfeited  to  the 
Crown;  and  such  articles  shall  thereupon  be  disposed  of  as  the  minister  directs. 
(48-49  v.,  c.  67,  s.  21.^ 

PENALTIES. 

22.  Every  person  who  wilfully  adulterates  any  article  of  food  or  any  drug,  or  orders 
any  other  person  so  to  do,  shall — 

(a)  If  such  adulteration  is  within  the  meaning  of  this  act  deemed  to  be  injurious 
to  health,  for  the  first  offense  incur  a  penalty  not  exceeding  fifty  dollars  and  not  less 
than  ten  dollars  and  costs,  and  for  each  subsequent  offense  a  penalty  not  exceeding 
two  hundred  dollars  and  not  less  than  fifty  dollars  and  costs. 

(h)  If  such  adulteration  is  within  the  meaning  of  this  act  deemed  not  to  be  injuri- 
ous to  health,  incur  a  penalty  not  exceeding  thirty  dollars  and  costs,  and  for  each 
subsequent  offense  a  penalty  not  exceeding  one  hundred  dollars  and  not  less  than  fifty 
dollars  and  costs.    (48-49  V.,  c.  67,  s.  22.) 

23.  Every  person  who,  by  himself  or  his  agent,  sells,  offers  for  sale,  or  exposes  for 
sale  any  article  of  food  or  any  drug  which  is  adulterated  within  the  meaning  of  this 
act  shall — 

(a)  If  such  adulteration  is  within  the  meaning  of  this  act  deemed  to  be  injurious 
to  health,  for  a  first  offense  incur  a  penalty  not  exceeding  fifty  dollars  and  costs,  and 
for  each  subsequent  offense  a  penalty  not  exceeding  two  hundred  dollars  and  not  less 
than  fifty  dollars  and  costs. 

(&)  If  such  adulteration  is  within  the  meaning  of  this  act  deemed  not  to  be  injuri- 
ous to  health,  incur  for  each  such  offense  a  penalty  not  exceeding  fifty  dollars  and  not 
less  than  five  dollars  and  costs. 

(2)  Provided,  That  if  the  person  accused  proves  to  the  court  before  which  the  case 
is  tried  that  he  did  not  know  of  the  article  being  adulterated,  and  shows  that  he 
could  not,  with  reasonable  diligence,  have  obtained  that  knowledge,  he  shall  be  sub- 
ject only  to  the  liability  to  forfeiture  under  the  twenty-first  section  of  this  act.  (48- 
49  v.,  c.  67,  s.  23.) 

24.  Every  compounder  or  dealer  in  and  every  manufacturer  of  intoxicating  liquors 
who  has  in  his  possession  or  in  any  part  of  the  premises  occupied  by  him  as  such  any 
adulterated  liquor,  knowing  it  to  be  adulterated,  or  any  deleterious  ingredient  speci- 
fied in  the  schedule  hereto,  or  added  to  such  schedule  by  the  governor  in  council,  for 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


167 


tlie  possession  of  which  he  is  unable  to  account  to  the  satisfaction  of  the  court  be- 
fore which  the  case  is  tried,  shall  be  deemed  knowingly  to  have  exposed  for  sale  adul- 
terated food  and  shall  incur  for  the  first  offense  a  penalty  not  exceeding  one  hundred 
dollars,  and  for  each  subsequent  offense  a  penalty  not  exceeding  four  hundred  dol- 
lars.   (48-49  v.,  c.  67,  s.  24.) 

25.  Every  person  who  knowingly  attaches  to  any  article  of  food  or  any  drug  any 
label  which  falsely  describes  the  article  sold  or  offered  or  exposed  for  sale,  shall  incur 
a  penalty  not  exceeding  one  hundred  dollars  and  not  less  than  twenty  dollars  and 
costs.    (48-49  v.,  c.  67,  s.  25. ) 

26.  Every  penalty  imposed  and  recovered  under  this  act  shall,  except  as  herein 
otherwise  provided  and  except  in  the  case  of  anj  suit,  action,  or  prosecution  brought 
or  instituted  under  the  provisions  of  the  next  following  section,  be  paid  over  to  the 
minister  of  finance  and  receiver-general,  and  shall  form  part  of  the  consolidated  rev- 
enue fund.    (48-49  V.,  c.  67.  s.  26. ) 

GENERAL  PROVISIONS. 

27.  Nothing  herein  contained  shall  be  hold  to  preclude  any  person  from  submitting 
any  sample  of  food,  drug,  or  agricultural  fertilizer  for  analysis  to  any  public  analyst, 
or  from  prosecuting  the  vendor  thereof  if  such  article  is  found  to  be  adulterated,  but 
the  burden  of  proof  of  sale  and  of  the  fact  that  the  sample  was  not  tampered  with 
after  purchase  shall  be  upon  the  person  so  submitting  the  same. 

(2)  Any  public  analyst  shall  analyze  such  sample  on  payment  of  the  fee  prescribed 
in  respect  of  such  article  or  class  of  article  by  the  governor  in  council.  (48-49  V.,  c. 
67,s.  27.) 

28.  Any,expenses  incurred  in  analyzing  any  food,  drug,  or  agricultural  fertilizer,  in 
pursuance  of  this  act,  shall,  if  the  person  from  whom  the  sample  is  taken  is  convicted 
of  having  in  his  possession,  selling,  offering  or  exposing  foi  sale  adulterated  food, 
drugs,  or  agricultural  fertilizers,  in  violation  of  this  act,  be  deemed  to  be  a  portion  of 
the  cost  of  the  proceedings  against  him,  and  shall  be  paid  by  him  accordingly;  and 
in  all  other  cases  such  expenses  shall  be  paid  as  part  of  the  expenses  of  the  officer  or 
of  the  person  who  procured  the  sample,  as  the  case  may  be.    (48-49  V.,  c.  67,  s.  28.) 

29.  The  governor  in  council  may,  from  time  to  time,  make  such  regulations  as  to 
him  seem  necessary  for  carrying  the  provisions  of  this  act  into  effect.  (48-49  V.,  c. 
67,  s.  29. 

30.  The  provisions  of  "  the  inland  revenue  act,"  whether  enacted  with  special  ref- 
erence to  any  particular  business  or  trade  or  with  general  reference  to  the  collection 
of  the  revenue,  or  the  prevention,  detection,  or  punishment  of  fraud  or  neglect  in 
relation  thereto,  shall  extend,  apply,  and  be  construed  and  shall  have  effect  with  ref- 
erence to  this  act  as  if  they  had  been  enacted  with  special  reference  to  the  matters 
and  things  herein  provided  for. 

(2)  Every  penalty  imposed  under  this  act  may  be  enforced  and  dealt  with  as  if  im- 
posed under  the  said  act,  and  every  compounder,  and  the  apparatus  used  by  him,  and 
the  place  in  which  his  business  is  carried  on,  and  the  articles  made  or  compounded  by 
him,  or  used  in  compounding  any  such  article,  shall  be  "  subject  to  excise"  under  the 
said  act.    (48-49  V.,  c.  67,  s.  30.) 

SCHEDULE. 

Cocculus  indicus,  chloride  of  sodium  (otherwise  common  salt),  copperas,  opium, 
cayenne  pepper,  picric  acid,  Indian  hemp,  strychnine,  tobacco,  darnel  seed,  extract 
of  logwood,  salts  of  zinc,  copper,  or  lead,  alum,  methyl  alcohol  and  its  derivatives, 
amyl  alcohol,  and  any  extract  or  compound  of  any  of  the  above  ingredients. 


168 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


UNITED  STATES. 
[Public— No.  156.] 

AN  ACT  to  provide  for  the  inspection  of  live  cattle,  hogs,  and  the  carcasses  and  products  thereof 
which  are  the  subjects  of  interstate  commerce,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  Secretary  of  Agriculture  shall  cause  to  be  made  a  care- 
ful inspection  of  all  cattle  intended  for  export  to  foreign  countries  from  the  United 
States,  at  such  times  and  places,  and  in  such  manner,  as  he  may  think  proper,  with 
a  view  to  ascertain  whether  such  cattle  are  free  from  disease  ;  and  for  this  purpose 
he  may  appoint  inspectors,  who  shall  be  authorized  to  give  an  official  certificate 
clearly  stating  the  condition  In  which  such  animals  are  found,  and  no  clearance  shall 
be  given  to  any  vessel  having  on  board  cattle  for  exportation  to  a  foreign  country  un- 
less the  owner  or  shipper  of  such  cattle  has  a  certificate  from  the  inspector  herein 
authorized  to  be  appointed,  stating  that  said  cattle  are  sound  and  free  from  disease. 

Sec.  2.  That  the  Secretary  of  Agriculture  shall  also  cause  to  be  made  a  careful  in- 
spection of  all  live  cattle  the  meat  of  which  is  intended  for  exportation  to  any  foreign 
country,  at  such  times  and  places,  and  in  such  manner,  as  he  may  think  proper,  with 
a  view  to  ascertain  whether  said  cattle  are  free  from  disease  and  their  meat  sound  and 
wholesome,  and  may  appoint  inspectors,  who  shall  be  authorized  to  give  an  official 
certificate  clearly  stating  the  condition  in  which  such  cattle  and  meat  are  found,  and 
no  clearance  shall  be  given  to  any  vessel  having  on  board  any  fresh  beef  for  exporta- 
tion to  and  sale  in  a  foreign  country  from  any  port  of  the  United  States  until  the 
owner  or  shipper  shall  obtain  from  an  inspector  appointed  under  the  provisions  of 
this  act  such  certificate. 

Sec.  3.  The  Secretary  of  Agriculture  shall  cause  to  be  inspected  prior  to  their 
slaughter,  all  cattle,  sheep,  and  hogs  which  are  subjects  of  interstate  commerce  and 
which  are  about  to  be  slaughtered  at  slaughterhouses,  canning,  salting,  packing  or 
rendering  establishments  in  any  State  or  Territory,  the  carcasses  or  products  of 
which  are  to  be  transported  and  sold  for  human  consumption  in  any  other  State  or 
Territory,  or  the  District  of  Columbia,  and  in  addition  to  the  aforesaid  inspection, there 
may  be  made  in  all  cases  where  the  Secretary  of  Agriculture  may  deem  necessary  or 
expedient,  under  rules  and  regulations  to  be  by  him  prescribed,  a  post-mortem  ex- 
amination of  the  carcasses  of  all  cattle,  sheep,  and  hogs  about  to  be  prepared  for 
human  consumption  at  any  slaughterhouse,  canning,  salting,  packing  or  rendering 
establishment  in  any  State  or  Territory,  or  the  District  of  Columbia,  which  are  the 
subjects  of  interstate  commerce. 

Sec.  4.  That  said  examination  shall  be  made  in  the  manner  provided  by  rules  and 
regulations  to  be  prescribed  by  the  Secretary  of  Agriculture,  and  after  said  examina- 
tion the  carcasses  and  products  of  all  cattle,  sheep,  and  swine  found  to  be  free  of  dis- 
ease, and  wholesome,  sound,  and  fit  for  human  food,  shall  be  marked,  stamped,  or 
labeled  for  identification  as  may  be  provided  by  said  rules  and  regulations  of  the 
Secretary  of  Agriculture. 

Any  person  who  shall  forge,  counterfeit,  or  knowingly  and  wrongfully  alter,  deface, 
or  destroy  any  of  the  marks,  stamps,  or  other  devices  provided  for  in  the  regulations 
of  the  Secretary  of  Agriculture,  of  any  such  carcasses  or  their  products,  or  who  shall 
forge,  counterfeit,  or  knowingly  and  wrongfully  alter,  deface,  or  destroy  any  certifi- 
cate p'rovidedfor  in  said  regulations,  shall  be  deemed  gnilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  thousand  dollars, 
or  imprisonment  not  exceeding  one  year,  or  by  both  said  punishments  in  the  discretion 
of  the  court. 

Sec.  5.  That  it  shall  be  unlawful  for  any  person  to  transport  from  one  State  or  Ter- 
ritory or  the  District  of  Columbia  into  any  other  State  or  Territory  or  the  District  of 
Columbia,  or  for  any  person  to  deliver  to  another  for  transportation  from  one  State 
or  Territory  or  the  District  of  Columbia  into  another  State  or  Territory  or  the  District 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


169 


of  Columbia  the  carcasses  of  any  cattle,  sheep,  or  swine,  or  the  food  products  thereof, 
which  have  been  examined  in  accordance  with  the  provisions  of  sections  three  and 
four  of  this  act,  and  which  on  said  examination  have  been  declared  by  the  inspector 
making  the  same  to  be  unsound  or  diseased.  Any  person  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  punished  for  each  offense  as 
provided  in  section  four  of  this  act. 

Sec.  6.  That  the  inspectors  provided  for  in  sections  one  and  two  of  this  act  shall  be 
authorized  to  give  official  certificates  of  the  sound  and  wholesome  condition  of  the 
cattle,  sheep,  and  swine,  their  carcasses  and  products  described  in  sections  three  and 
four  of  this  act,  and  one  copy  of  every  certificate  granted  under  the  provisions  of  this 
act  shall  be  filed  in  the  Department  of  Agriculture,  another  copy  shall  be  delivered 
to  the  owner  or  shipper,  and  when  the  cattle,  sheep,  and  swine,  or  their  carcasses  and 
products  are  sent  abroad,  a  third  copy  shall  be  delivered  to  the  chief  officer  of  the 
vessel  on  which  the  shipment  shall  be  made. 

Sec.  7.  That  none  of  the  provisions  of  this  act  shall  be  so  construed  as  to  apply  to 
any  cattle,  sheep,  or  swine  slaughtered  by  any  farmer,  upon  his  farm,  which  may  be 
transported  from  one  State  or  Territory  or  the  District  of  Columbia  into  another  State 
or  Territory  or  the  District  of  Columbia  :  Provided,  however,  That  if  the  carcasses  of 
such  cattle,  sheep,  or  swine  go  to  any  packing  or  canning  establishment  and  are  in- 
tended for  transportation  to  any  other  State  or  Territory  or  the  District  of  Columbia 
as  hereinbefore  provided,  they  shall  there  be  subject  to  the  post-mortem  examination 
provided  for  in  sections  three  and  four  of  this  act. 

Approved,  March  3,  1891. 

[Public— No.  122.] 

AN"  ACT  to  provide  for  the  safe  transport  and  humane  treatment  of  export  cattle  from  the  United 
States  to  foreign  countries,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  Secretary  of  Agriculture  is  hereby  authorized  to  ex- 
amine all  vessels  which  are  to  carry  export  cattle  from  the  ports  of  the  United  States 
to  foreign  countries,  and  to  prescribe  by  rules  and  regulations  or  orders  the  accom- 
modations which  said  vessels  shall  provide  for  export  cattle,  as  to  space,  ventilation, 
fittings,  food  and  water  supply,  and  such  other  requirements  as  he  may  decide  to  be 
necessary  for  the  safe  and  proper  transportation  and  humane  treatment  of  such 
animals. 

Sec.  2.  That  whenever  the  owner,  owners,  or  master  of  any  vessel  carrying  export 
cattle  shall  wilfully  violate  or  cause  or  permit  to  be  violated  any  rule,  regulation, 
or  order  made  pursuant  to  the  foregoing  section,  the  vessel  in  respect  of  which  such 
violation  shall  occur  may  be  prohibited  from  again  carrying  cattle  from  any  port  of 
the  United  States  for  such  length  of  time,  not  exceeding  one  year,  as  the  Secretary 
of  Agriculture  may  direct,  and  such  vessel  shall  be  refused  clearance  from  any  port 
of  the  United  States  accordingly. 

Approved  March  3,  1891. 

[PUBLic-No.  247.] 

AN  ACT  pro  iding  for  an  inspection  of  meats  for  exportation,  prohibiting  the  importation  of  adul- 
terated articles  of  food  or  drink,  and  authorizing  the  President  to  make  proclamation  in  certain 
cases,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Bepresentatives  of  the  United  States  of  America 
in  Congress  assembled.  That  the  Secretary  of  Agriculture  may  cause  to  be  made  a 
careful  inspection  of  salted  pork  and  bacon  intended  for  exportation,  with  a  view  to 
determining  whether  the  same  is  wholesome,  sonnd,  and  fit  for  human  food  when- 
ever the  laws,  regulations,  or  orders  of  the  Government  of  any  foreign  country  to 
which  such  pork  or  bacon  is  to  be  exported  shall  require  inspection  thereof  relating  to 


170 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


the  importation  thereof  into  such  country,  and  also  whenever  any  buyer,  seller,  or 
exporter  of  such  meats  intended  for  exportation  shall  request  the  inspection  thereof. 

Such  inspection  shall  be  made  at  the  place  where  such  meats  are  packed  or  boxed, 
and  each  package  of  such  meats  so  inspected  shall  bear  the  marks,  stamps,  or  other 
device  for  identification  provided  for  in  the  last  clause  of  this  section  :  Provided, 
That  an  inspection  of  such  meats  may  also  be  made  at  the  place  of  exportation  if  an 
inspection  has  not  been  made  at  the  place  of  packing,  or  if,  in  the  opinion  of  the 
Secretary  of  Agriculture,  a  reinspection  becomes  necessary.  Oue  copy  of  any  certifi- 
cate issued  by  any  such  inspector  shall  be  filed  in  the  Department  of  Agriculture  ; 
another  copy  shall  be  attached  to  the  invoice  of  each  separate  shipment  of  such  meat, 
and  a  third  copy  shall  be  delivered  to  the  consignor  or  shipper  of  such  meat  as  evi- 
dence that  packages  of  salted  pork  and  bacon  have  been  inspected  in  accordance 
with  the  provisions  of  this  act  and  found  to  be  wholesome,  sound,  and  fit  for  human 
food;  and  for  the  identification  of  the  same  such  marks,  stamps,  or  other  devices  as 
the  Secretary  of  Agriculture  may  by  regulation  prescribe  shall  be  affixed  to  each  of 
such  packages. 

Any  person  who  shall  forge,  counterfeit  or  knowingly  and  wrongfully  alter,  deface, 
or  destroy  any  of  the  marks,  stamps,  or  other  devices  provided  for  in  this  section  on  any 
package  of  any  such  meats,  or  who  shall  forge,  counterfeit,  or  knowingly  and  wrong- 
fully alter,  deface,  or  destroy  any  certificate  in  reference  to  meats  provided  for  in  this 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  not  exceeding  one  thousand  dollars  or  imprisonment  not  exceed- 
ing one  year,  or  by  both  said  punishments,  in  the  discretion  of  the  court. 

Sec.  2.  That  it  shall  be  unlawful  to  import  into  the  United  States  any  adulterated 
or  unwholesome  food  or  drug  or  any  vinous,  spirituous,  or  malt  liquors,  adulterated  or 
mixed  with  any  poisonous  or  noxious  chemical  drug  or  ingredient  injurious  to  health. 
Any  person  who  shall  knowingly  import  into  the  United  States  any  such  adulterated 
food  or  drug,  or  drink,  knowing  or  having  reasons  to  believe  the  same  to  be  adulter- 
ated, being  the  ownei  or  the  agent  of  the  owner,  or  the  consignor  or  consignee  of  the 
owner,  or  in  privity  with  them,  assisting  in  such  unlawful  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  liable  to  prosecution  therefor  in  the  district  court  of 
the  United  States  for  the  district  into  which  such  property  is  imported ;  and,  on 
conviction,  such  person  shall  be  fined  in  a  sum  not  exceeding  one  thousand  dollars 
for  each  separate  shipment,  and  may  be  imprisoned  by  the  court  for  a  term  not  ex- 
ceeding one  year,  or  both,  at  the  discretion  of  the  court. 

Sec.  3.  That  any  article  designed  for  consumption  as  human  food  or  drink,  and 
any  other  article  of  the  classes  or  description  mentioned  in  this  act,  which  shall 
be  imported  into  the  United  States  contrary  to  its  provisions,  shall  be  forfeited  to 
the  L'nited  States,  and  shall  [be  proceeded  against  under  the  provisions  of  chapter 
eighteen  of  title  thirteen  of  the  Revised  Statutes  of  the  United  States ;  and  such 
imported  property  so  declared  forfeited  may  be  destroyed  or  returned  to  the  importer 
for  exportation  from  the  United  States  after  the  payment  of  all  costs  and  expenses, 
under  such  regulations  as  the  Secretary  of  the  Treasury  may  prescribe;  and  the 
Secretary  of  the  Treasury  may  cause  such  imported  articles  to  be  inspected  or  exam- 
ined in  order  to  ascertain  whether  the  same  have  been  so  unlawfully  imported. 

Sec.  4.  That  whenever  the  President  is  satisfied  that  there  is  good  reason  to  believe 
that  any  importation  is  being  made,  or  is  about  to  be  made  into  the  United  States, 
from  any  foreign  country,  of  any  article  used  for  human  food  or  drink  that  is  adul- 
terated to  an  extent  dangerous  to  the  health  or  welfare  of  the  people  of  the  United 
States,  or  any  of  them,  he  may  issue  his  proclamation  suspending  the  importation  of 
such  articles  from  such  country  for  such  period  of  time  as  he  may  think  necessary  to 
prevent  such  importation  ;  and  during  such  period  it  shall  be  unlawful  to  import 
into  the  United  States  from  the  countries  designated  in  the  proclamation  of  the 
President  any  of  the  articles  the  importation  of  which  is  so  suspended. 

Sec.  5.  That  whenever  the  President  shall  be  satisfied  that  unjust  discriminations 
are  made  by  or  under  the  authority  of  any  foreign  state  against  the  importation  to  or 


LAWS  RELATING  TO  FOODS  AND  BEVERAGES.  171 


sale  in  such  foreign  state  of  any  product  of  the  United  States,  he  may  direct  that  such 
products  of  such  foreign  state  so  discriminating  against  any  product  of  the  United 
States  as  he  may  deem  proper  shall  be  excluded  from  importation  to  the  United 
States  ;  and  in  such  cases  he  shall  make  proclamation  of  his  direction  in  the  prem- 
ises, and  therein  name  the  time  when  such  direction  against  importation  shall  take 
effect,  and  after  such  date  the  importation  of  the  articles  named  in  such  proclamation 
shall  be  unlawful.  The  President  may  at  any  time  revoke,  modify,  terminate,  or  re- 
new auy  such  direction  as,  in  his  opinion,  the  public  interest  may  require. 

Sec.  6.  That  the  importation  of  neat  cattle,  sheep,  and  other  ruminants,  and  swine, 
which  are  diseased  or  infected  with  any  disease,  or  which  shall  have  been  exposed  to 
such  infection  within  sixty  days  next  before  their  exportation,  is  hereby  prohibited, 
and  any  person  who  shall  knowingly  violate  the  foregoing  provision  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be  punished  by  a  fine  not  exceed- 
ing five  thousand  dollars,  or  by  imprisonment  not  exceeding  three  years,  and  any 
vessel  or  vehicle  used  in  such  unlawful  importation  with  the  knowledge  of  the  mas- 
ter or  owner  of  said  vessel  or  vehicle  that  such  importation  is  diseased  or  has  been 
exposed  to  infection  as  herein  described,  shall  be  forfeited  to  the  United  States. 

Sec.  7.  That  the  Secretary  of  Agriculture  be,  and  is  hereby,  authorized,  at  the  ex- 
pense of  the  owner,  to  place  and  retain  in  quarantine  all  neat  cattle,  sheep,  and  other 
ruminants,  and  all  swine,  imported  into  the  United  States,  at  such  ports  as  he  may 
designate  for  such  purpose,  and  under  such  conditions  as  he  may  by  regulation  pre- 
scribe, respectively,  for  the  several  classes  of  animals  above  described  ;  and  for  this 
purpose  he  may  have  and  maintain  possession  of  all  lands,  buildings,  animals,  tools, 
fixtures,  and  appurtenances  now  in  use  for  the  quarantine  of  neat  cattle,  and  here- 
after purchase,  construct,  or  reiit  as  may  be  necessary,  and  he  may  appoint  veteri- 
nary surgeons,  inspectors,  officers,  and  employes  by  him  deemed  necessary  to  maintain 
such  quarantine,  and  provide  for  the  execution  of  the  other  provisions  of  this  act. 

Sec.  8.  That  the  importation  of  all  animals  described  in  this  act  into  any  port  in 
the  United  States,  except  such  as  may  be  designated  by  the  Secretary  of  Agriculture, 
with  the  approval  of  the  Secretary  of  the  Treasury,  as  quarantine  stations,  is  hereby 
prohibited ;  and  the  Secretary  of  Agriculture  may  cause  to  be  slaughtered  such  of 
the  animals  named  in  this  act  as  may  be,  under  regulations  prescribed  by  him,  ad- 
judged to  be  infected  with  any  contagious  disease  or  to  have  been  exposed  to  infec- 
tion so  as  to  be  dangerous  to  other  animals ;  and  that  the  value  of  animals  so  slaugh- 
tered as  being  so  exposed  to  infection,  but  not  infected,  may  be  ascertained  by  the 
agreement  of  the  Secretary  of  Agriculture  and  owners  thereof,  if  practicable  ;  other- 
wise, by  the  appraisal  by  two  persons  familiar  with  the  character  and  value  of  such 
property,  to  be  appointed  by  the  Secretary  of  Agriculture,  whose  decision,  if  they 
agree,  shall  be  final ;  otherwise,  the  Secretary  of  Agriculture  shall  decide  between 
them,  and  his  decision  shall  be  final ;  and  the  amount  of  the  value  thus  ascertained 
shall  be  paid  to  the  owner  thereof  out  of  money  in  the  Treasury  appropriated  for  the 
use  of  the  Bureau  of  Animal  Industry ;  but  no  payment  shall  be  made  for  any  animal 
imported  in  violation  of  the  provisions  of  this  act.  If  any  animals  subject  to  quaran- 
tine according  to  the  provisions  of  this  act  are  brought  into  any  port  of  the  United 
States  where  no  quarantine  station  is  established  the  collector  of  such  port  shall  re- 
quire the  same  to  be  conveyed  by  the  vessel  on  which  they  are  imported  or  are  found 
to  the  nearest  quarantine  station,  at  the  expense  of  the  owner. 

Sec.  9.  That  whenever,  in  the  opinion  of  the  President,  it  shall  be  necessary  for 
the  protection  of  animals  in  the  United  States  against  infectious  or  contagious  dis- 
eases, he  may,  by  proclamation,  suspend  the  importation  of  all  or  any  class  of  ani- 
mals for  a  limited  time,  and  may  change,  modify,  revoke,  or  renew  such  proclamation 
as  the  public  good  may  require  ;  and  during  the  time  of  such  suspension  the  importa- 
tion of  any  such  animals  shall  be  unlawful. 

Sec.  10.  That  the  Secretary  of  Agriculture  shall  cauvse  careful  inspection  to  be 
made  by  a  suitable  officer  of  all  imported  animals  described  in  this  act,  to  ascertain 


172  LAWS  RELATING  TO  FOODS  AND  BEVERAGES. 


whether  such  animals  are  infected  with  contagious  diseases  or  have  been  exposed  to 
infection  so  as  to  be  dangerous  to  other  animals,  which  shall  then  either  be  placed  in 
quarantine  or  dealt  with  according  to  the  regulations  of  the  Secretary  of  Agriculture ; 
and  all  food,  litter,  manure,  clothing,  utensils,  and  other  appliances  that  have  been 
so  related  to  such  animals  on  board  ship  as  to  be  judged  liable  to  convey  infection 
shall  be  dealt  with  according  to  the  regulations  of  the  Secretary  of  Agriculture;  and 
the  Secretary  of  Agriculture  may  cause  inspection  to  be  made  of  all  animals  described 
in  this  act  intended  for  exportation,  and  provide  for  the  disinfection  of  all  vessels 
engaged  in  the  transportation  thereof,  and  of  all  barges  or  other  vessels  used  in  the 
conveyance  of  such  animals  intended  for  export  to  the  ocean  steamer  or  other  vessels, 
and  of  all  attendants  and  their  clothing,  and  of  all  head  ropes  and  other  appliances 
used  in  such  exportation,  by  such  orders  and  regulations  as  he  may  prescribe ;  and  if, 
upon  such  inspection,  any  such  animals  shall  be  adjudged,  under  the  regulations  of 
the  Secretary  of  Agriculture,  to  be  infected  or  to  have  been  exposed  to  infection  so  as 
to  be  dangerous  to  other  animals,  they  shall  not  be  allowed  to  be  placed  upon  any 
vessel  for  exportation  :  the  expense  of  all  the  inspection  and  disinfection  provided  for 
in  this  section  to  be  borne  by  the  owners  of  the  vessels  on  which  such  animals  are 
exported. 
Approved,  August  30,  1890. 


CIRCULARS  OF  INQUIRY. 


U.  S.  Department  of  Agriculture, 

Division  of  Chemistry, 
Washington,  D.  C,  April  10,  1891. 
Sir  :  Congress  having  made  it  the  duty  of  the  Department  of  Agriculture  to  examine 
into  and  report  upon  the  extent  and  character  of  the  adulteration  of  food,  drugs,  and 
liquors,  it  has  been  determined  to  ask  information  bearing  upon  the  subject  from 
chemists,  druggists,  manufacturers  and  dealers  in  food  and  drug  products,  as  supple- 
mental to  the  extended  analysis  already  made  by  the  chemists  of  the  Department. 
Wishing  to  be  thoroughly  accurate  and  absolutely  impartial,  the  fullest  information 
is  desired,  and  anything  you  can  furnish  bearing  on  the  subject  will  be  duly  appre- 
ciated and  judiciously  used.    Inclosed  you  will  find  penalty  envelope  for  reply. 

H.  W.  Wiley,  Chemist. 

A.  J.  Wedderburn, 

Special  Agent. 


adulterants  of  foods,  drugs,  and  liquors. 

U.  S.  Department  of  Agriculture, 

Division  of  Chemistry, 
Washington,  D.  C,  April  7,  1891. 
The  information  desired  is  indicated  by  the  following  questions,  to  which  full  re- 
plies are  earnestly  requested : 

1.  What  articles  of  food  coming  under  your  observation  are  adulterated  ? 

2.  What  articles  of  drugs  ? 

3.  What  articles  of  liquors  ? 

4.  What  adulterauts  are  used  in  any  or  all  of  the  above  articles? 

5.  Which,  if  any,  of  the  adulterants  are  poisonous  or  injurious? 

6.  Which  adulterauts  are  noninjurious? 

7.  Are  any  beneficial  ? 

8.  Please  furnish  any  other  information  bearing  on  the  subject  that  will  assist  the 
Department  to  make  an  accurate  and  impartial  report. 


Date, 


173 


NAMES  OF  STATE  COMMISSIONERS. 


H.  K.  Finsetb,  Commissioner,  St.  Paul,  Miun. 
Dr.  C.  W.  Chancellor,  Secretary,  Baltimore,  Md. 

Dr.  Benj.Lee,  Secretary  State  Board  of  Health,  1532  Pine  street,  Philadelphia,  Pa. 
George  W.  McGuire,  Commissioner,  Trenton,  N.  J. 
Edward  Bethel,  Commissioner,  Columbus,  Ohio. 
Dr.  Lewis  Balch,  Secretary  Board  of  Health,  Albany,  N.  Y. 
Dr.  S.  W.  Abbott,  Secretary  Board  of  Health,  Boston,  Mass. 
W.  W.  Baker,  Food  Commissioner,  Portland,  Oregon. 
H.  C.  Thorn,  Food  Commissioner,  Madison,  Wis. 
A.  C.  Tapper,  Dairy  Commissioner,  Des  Moines,  Iowa. 
174 


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